The case can only be withdrawn by the person who is filing the suit i.e. your wife. The other manner in which the case can be settled outside the court is through Alternative dispute resolution which further includes mediation, conciliation, etc for civil matters. You can also file for a decree of compromise between yourself and your wife to prevent the matter from going any further.
The Supreme Court in a case said false complaints under Section 498A of Indian Penal Code against innocent in-laws alleging cruelty and harassment at matrimonial homes were increasingly making the husbands adamant not to take back their wives. For no fault, the in-laws, especially old parents of the husband are taken to jail the moment a false complaint is filed against them by a woman under section 498A of IPC.
The personal matters in Muslims usually follow the customs specified by their religion. There is no specific law about the alimony laws under the custom, but it was governed by the Muslim Women (Protection of Rights after Divorce) 1986 and recently Sec. 125 of the CrPC became applicable. As alimony is subject to the financial conditions relevant to the parties, your extent of rights can be prescribed only by the legal advice from an expert divorce lawyer. Along with that, get an idea of how the customs and legal provisions regulate the alimony matters-
- Customs: As per Muslim customs, an amount is decided as Mehr at the time of marriage, which is similar to the Stridhan among Hindus. The wife has an unconditional right over the amount decided and to be paid by the husband and his family. For example, if an amount of one lakh has been decided at the time of marriage as the amount of Mehr, she is entitled to get the amount immediately after iddat. Anyhow, during the iddat period, the husband is liable to maintain the wife. This amount of Mehr can be treated as one-time alimony or hefty alimony, as the main purpose of both Mehr and alimony is to provide financial stability to the wife post-divorce.
- Muslim Women (Protection of Rights after Divorce) 1986: A number of Muslim women were living at pathetic conditions after divorce, as the men often refused to pay the Mehr, or even if they pay it, that amount was not enough for a lifetime, especially when there are kids.
This became a trauma for Muslim women who are financially dependent on their husbands, and not enough educated. This fear forced them to adjust to every sort of abuse.
Introduction of Muslim Women (Protection of Rights after Divorce) 1986 relieved them a bit because it gave rights to Muslim women to get the assured Mehr as well as a certain amount as alimony and maintenance of the children.
Anyhow, this still kept the Muslim women separate from the Uniform Civil Code of Sec. 125 of CrPC. The main disadvantage of that involved no specific guideline for the amount to be paid as alimony.
- Sec. 125 CrPC: The landmark judgment of Mohd. Ahmed Khan vs. Shah Bano Begum changed the scenario for divorced Muslim women.
This new rule made Muslim women claim for a proper amount of alimony as well as maintenance for the child separately. The alimony amount was assured to be sufficient for the dignified livelihood.
According to the Statement of Objects and Reasons of this Act, when a Muslim divorced woman is unable to support herself after the iddah period that she must observe after the death of her spouse or after a divorce, during which she may not marry another man, the magistrate is empowered to make an order for the payment of maintenance by her relatives who would be entitled to inherit her property on her death according to Muslim Law. But when a divorced woman has no such relatives, and does not have enough means to pay the maintenance, the magistrate would order the State Waqf Board to pay the maintenance. The 'liability' of husband to pay the maintenance was thus restricted to the period of the iddah only.
The filing of Domestic Violence case solely depends upon her. However, it shall be the discretion of the court based on the evidences provided by both the parties whether the case is maintainable or not.
Ahmedabad: In an important judgment, the Gujarat high court on Thursday ruled that a family court is empowered to direct a Muslim man to pay lump sum as permanent alimony to his wife on divorce, and payment of this alimony is not conditional to the wife’s remarriage.
In its order, the high court narrated the progression of the rights of Muslim women in India from pure Sharia law that was in existence before 1939, and said that a family court can order a Muslim man to pay permanent alimony not only under the Family Courts Act, but also under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
On the husband’s claim that no law provides for permanent alimony on a divorce petition by the wife, the court said, “The ever-changing needs and situations may require judicial determination: it cannot be that the courts are powerless to act in the absence of specific provisions in the codes.” The HC further said that the 1986 Act very much provides for this relief for a woman on divorce. Besides Indian laws, the HC cited various verses from the Quran and their interpretations to assert the women’s right to equality in marriage among Muslims and how the religious law itself has provisions for alimony for women at the time of separation.
On the woman’s right to permanent alimony in case of her remarriage, the HC clarified, “Such sum is not granted on the condition against remarriage for all times to come or for any particular period.”