Issue wife arbitration/ reconcilation notice as per Muslim personal law 

2) issue wife  three consecutive monthly divorce notices . Mention reasons for divorce . Return her Meher amount and pay her maintenance during iddat period 

3) welfare of children is paramount consideration in deciding custody 

4) court can award your wife one third of your net salary as maintenance 

5) court is not concerned with your personal loan 

6) wife has no share in the property but has right to stay in her matrimonial home 

7) she has no share in property owned by your parents 

8) since wife is not working she is entitled to maintenance 

1.  You can initiate divorce under the Dissolution of Muslim Marriages' Act 1939, which also permits for dissolution of marriage by mutual consent OR you can divorce your wife through MUBARAT.

2.  You can petition the Court for custody of your two children by justifying that the Doctrine of Child's Welfare Above All and in all aspects the two children will be looked after by you better than your estranged wife by furnishing your financial capabilities, etc. Normally the custody of a child below 5 years will be granted to wife. But in the instant case, both the children are aged above 5 years, which is advantageous to you in claiming their custody. However the non-custodial parent will get visitation rights, to allow the child/children to bond effectively with both parents.

3.  Meher given to your wife at the time of marriage belongs to her in the event of divorce. To determine the maintenance amount, the factors considered are, the actual need and ability to pay, duration of the marriage, standard of living, earning capacities, educational levels, employability of the parties, etc. However the maintenance amount may not exceed 25% of your earning until she gets remarried. In respect of children, they are entitled to maintenance as well as share in their father's assets, inspite of the children's mother remarrying.

4.  Yes, your nett earnings will only be considered for awarding maintenance to your wife and your commitments will also influence and affect the determination of maintenance amount.

5.  Your wife will not have any claim to your property after divorce. However your children will have entitlement to your property after your lifetime.

6.  No, she will not be entitled to any properties owned by your parents after divorce. However your children will be entitled to a share in the properties purchased and owned by your parents after their lifetime.

7.  You need not pay her maintenance after her remarriage. In case Court orders you to pay maintenance for her, you will have to pay maintenance amount to her till she gets remarried. 

8.  Yes, it's possible. 

9.  The answer has already been provided under (3) and (4).

1. If your wife agrees, you may opt for a divorce by mutual consent.

2. You have to make the plea in the petition/hearing.

3. You may defend your position suitably if she asks for a higher amount, taking into account your current financial status.

4. Yes, please see answer to Q.3.

5. No, your property cannot be attached.

6. No, she cannot claim legally.

7. Only till her remarriage.

8. It is better to be happy with the custody of a child than contesting.

9. She may press these points, but you have to suitably defend your financial commitments.

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further , Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

1. If she is not interested to live with you , then you can take mutual divorce after taking her consent under the Muslim law. 

- Further, if refused then you can file the divorce petition on the above said and other grounds. 

2. You can claim custody of the children on the ground of welfare of child. 

3. She can claim 1/4th of your salary , and also residential right.

4. Yes

5. During your life time , she cannot claim any share in the property 

6. No.

7. Till she remarry. 

8. Yes, if you have sufficient ground for the welfare of the child. 

9. No.

- Nikahnama is not mandatory 

You can contact me, if further suggestion needed. 

1. Being a  Muslim, you may follow the procedures as power Shariat law to pronounce Talaq and follow the three months iddat procedure, wait for the completion of the said three months and then confirm the notice sent earlier followed by a confirmation letter sent to her with witnesses stating that you have dissolved your Nikah with her on the successful completion of the three months notice period pronouncing talaq after which you can approach court with a suit to declare the dissolution of your marriage on the basis of the talaq which you have given her, if necessary.  

2. If your children are there with you, then don't send them to her, if she wants their custody let she file the child custody case, or if the children are living with her then you may have to file a child custody case against her.

3. If she is not employed and not having any source of income to sustain her expenses, the court may decide to grant her at least 25% of your take home salary.

4. That you may have to convince the court.

5. No

6. No

7. No, not beyond her remarriage. 

8. You can decide next course of action in that event.

9. The possibilities are more.

No Nikahnama or registration  is required for a valid if wife and husband are living as married couple.

1. Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage) You can give her Talaq-Ahsan which  is legal. You need to make a single pronouncement of Talaq during Tuhr (period of purity). After single pronouncement wife has to observe three iddat, subsequent  to which  Talaq becomes final.
2. Visit Kazi of your local Masjid with two male adult Muslim witnesses.
3. Produce id proof all witnesses wife and husband.
4. Produce Nikahnama and photographs of all.
5. Kazi will issue notice of Talaq to wife.
6. Talaq will become final after three Tuhrs.
7. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.
8. Under Muslim Law custody of child below 7 years remains with mother with visiting to rights to father. After seven years it goes to father with visiting rights to mother.
9. You will be paying maintenance only till Iddat but you have to pay Mehar agreed to wife.
10. Personal loan will be taken into account while determining maintenance.
11. A divorced have no claim in the property of husband.
12. Same applies to other properties.
13. She is entitled to maintenance only during Iddat.
14. She can have custody only up to seven years of child.
15. If she is not earning it will go in determining higher maintenance to her.

Filing mutual consent or contested divorce is the way. 

That depends on custody if she is ready to give you otherwise you need to contest the same in court

it depends on many factors of  which alimony is awarded by court there is no straight jacket formula for the same

She is only entitled to alimony not property as matter of right

Only till she remarries you need to pay alimony

Yes you can acquire if she is not taking care of him

Yes if she is housewife and unemployed she may get alimony. But you need to check whether she is qualified and avoiding work. 

Yes you need a valid nikaah nama 

Filing mutual consent or contested divorce is the way. 

That depends on custody if she is ready to give you otherwise you need to contest the same in court

it depends on many factors of  which alimony is awarded by court there is no straight jacket formula for the same

She is only entitled to alimony not property as matter of right

Only till she remarries you need to pay alimony

Yes you can acquire if she is not taking care of him

Yes if she is housewife and unemployed she may get alimony. But you need to check whether she is qualified and avoiding work. 

Yes you need a valid nikaah nama