You can issue wife arbitration notice fixing date and time for arbitration
if arbitration fails issue her 3 consecutive monthly divorce notice s
pay her Meher Amount and maintenance during iddath period
Talaq, khula, and separation
I was married under nica in chennai since 8 years and I have a boy 7yr and Girl 3 yr. We are living in Bangalore since 8 years. Now my wife doubts me that I have an affair and left to Chennai on 31st March taking alongwith her all the jewellery includingmy uncles and auntys along with many other things. On 28th August she comes to my house with police and wanted to take my belongings, luckily I was not there. Can I initiate Talaq - if I do this will I be ending up paying huge amount as maintainance and compensation? Or should I wait for her to initiate in Chennai but will get difficult for me to travel.
Asked 4 years ago in Family Law
Religion: Muslim
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5 Answers
You can initiate your talaq option as per shariat law except instant triple talaq which is criminalised now.
- Legally , you cannot initiate one sided Talaq as it come under the offence
- Further , by way of Khula , a wife can divorce her husband after returning the gift received a the time of marriage, and it is just like a mutual divorce like Mubarat.
- However , if you having sufficient reasons for Talaq , then you can send her talaqnama in three modes periodically and not one time.
- Further, if she is not interested to live with you , then take her consent for mutual divorce under the Muslim law.
- Since she came to take other belongings with the help of police , it means that she has file a case against you .
- You can lodge a compliant for your safety against her before the local police after narrating that she has left you without your consent and reasons , and have taken all the costly items with her.
Te talaq is a form of dissolution of divorce as per Sharia law.
This has nothing to do with the maintenance.
If at all she is filing a petition seeking maintenance, you can challenge the same on merits and let the court decide after hearing both the sides.
If she is initiating divorce through court in Chennai, you do not have to attend the same after receiving the summons, she may get exparte divorce, by which your purpose also will be solved.
Dear Client,
If your wife does not have a valid reason for such desertion, you shall not be held liable to pay maintenance for her. You can initiate Talaq on the basis of her desertion.
However, please consult a lawyer to discuss such a matter in detail.
You may also book a consultation with us for more information.
Thank you.
