• Wife demanding money and gold for accepting divorce

Sir 
I am 36 years old Muslim married in 2000, have two kids. I was working in defense force, now pensioner. Family dispute started in 2007, since then staying separately, meanwhile she approached police many times to file false cases against me and my family (at least 4 times). Every time police forcefully (otherwise they threaten me of  filing cases) taken in writing that I will not repeat the things (Harassment, cruelty...etc). Then I married a girl without first wife knowledge in Dec 2011. Within three months they complained in my department with all the proofs, and by approaching the second party, broke the marriage. Resulting, I have been sacked on grounds of bigamy from the service on 24 Sep 2012 (fortunately I completed 15 years of service, there by pension) and got separated from second wife. Now, on 18 Aug 2015, I have sent a Talaq-nama (first time) through a lawyer with two witnesses (copy sent to Govt Dist Khazi also). She has received Talaq-nama, but rejected the post containing DD of Mehar amount and maintenance for Iddat period. Meanwhile, they have approached for settlement.

They are demanding,

1. kids will be with them.- I objected
2. 75% of my pension every month to be given to them (which equals Rs. 13002 /- in this month)- I agreed
3. All the gold ornaments given from them as well as from my side at the time of marriage - I agreed (Total 372 g. around 200 g is already with them)
4. Rs. 3.5 lakh cash -  which I could not, because I don't have money, I am ready to give 1 lakh
5. All the household items (They sent me out of my rented house, so all the items are already in their possession)- I agreed
6. An agreement for bearing all the expenses at the time of marriage of my daughter (now 9 years old).- I objected 

If I agree all the demands then they are ready for settlement, otherwise they are threatening of false cases including attempt to murder case against me and my family.  
And the biggest problem is, I am jobless since last 3 years. Because I can not avail ex-service man quota as I was sacked. And no company is offering job because I don't have any corporate experience.

1. Please guide me how to fight the cases.
2. And possible cases against me and my family they can charge.
3. Is my Talaq-nama valid in the court
Asked 1 year ago in Family Law from Tirupati, Andhra Pradesh
Religion: Muslim
1) under Muslim personal law custody of minor son till age of 7 years and that of daughter till puberty is with mother 

2) if your children are older you need not agree to give wife custody of children 

3)wife is only entitled to Meher amount and maintenance . No need to pay rs 3. 50lakhs demanded by wife 

4) wife can it get one third of your pension amount as maintenance 

5) you will have to  bear your daughter marriage expenses 

6) your talaq Nama may not be valid as it was not preceded by attempts at reconciliation 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
The correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by the arbitrators one from the wife’s family and the other from the husband’. If the attempts fail, talaq may be effected. In other words, an attempt at reconciliation by two relations, one each of the parties is an essential condition precedent to talaq. It is fallacy that a Muslim male enjoys, under the Quranic law, unbridled authority to liquidate the marriage. The Holy Quran expressly forbids a man to seek pretext for divorcing his wife, so long as she remains faithful and obedient to him. “If they (Namely women) obey you, then do not seek way against them” (Quran IV 34). 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. You are free to reject the terms of settlement proposed by them. 

2. The talaq given by you can be challenged in the court by her, which can set it aside as illegal.

3. The only way to fight the cases is by entering defence in the court. If any criminal case is lodged against you then immediately apply for anticipatory bail lest you are arrested.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Do not succumb to any blackmail as it appears they are doing.
 You have nothing to worry as even if court passes order of maintenance the same would not be more than1/3 of your present income.
 In the context of talaq the chance of 498a is bleak.
 So instead of them it should be you who  should take all the shots.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
Basically  you should have not agreed to all her conditions especially relating to sharing of your pension amount and Rs. 1 lakh  in cash etc. 
You do not have to fear  so much about her threats  or undue pressures on you. There is no such pressure on you especially when she has already been divorce by you.  The suicide or even the suicidal threats after divorce will not be binding on you.
If  she is persistingly torture you with such false  criminal complaints, you may ask her to proceed and challenge all her allegations after obtaining  anticipatory bail.  You cannot keep receiving by lying  low always.
The talaq nama is very much valid and  the court will not interfere  in your personal law which granted you talaq.
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
1. How you were charged with the allegation of bigamy for marrying another girl when you are permitted to marry four times as per Shariat? You should have contested the case fittingly earlier. This time tell then straight way what you can accept. If they file false cases, you shall have to contest them fittingly,

2. They can file any number of cases which can not be predicted. Whatever be may, you shall have to contest all those cases on merit,

3. The talaqnama executed properly is valid in the eyes of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1) you need not file divorce suit 

2) contested divorce cases take 5 years to be disposed of 

3) you can divorce your wife as per your Muslim personal law 

4) divorce should be for reasons recorded in writing and preceded by attempts at reconciliation 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
You being a Muslim male, cannot file a divorce suit in the civil court, your divorce is by Talaq by observing the formalities as per Muslim Personal law so there is no question of divorce suit.  Whether she likes it or not, she has to accept your Talaqnama and she is bond by it.  Let she file any case  before court, you can challenge it properly.  As I said earlier, no civil court has any right to interfere in your personal law granting divorce to your wife by you as per the personal law provisions.  She may file a maintenance case or a DV case, both of them are after thought so you can give a solid fight back. 
T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
You cannot file for divorce after giving her talaq in accordance with Sharia. If they file a case then contest it. Seek AB immediately.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Not necessary at all,

2. You have already given her talaq,

3. Now ensure that the talaqnama has been executed properly,

4. If you file a divorce suit now, it will imply that you yourself is not accepting the said talanama as legally valid,

5. Contest the cases to be filed by your ex-wife now fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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