• Devorce by husband to wife due to continuous difference and negativity

Dear Sir,
 We got arranged marriage in 2012 and got a child in May, 2015. 
I was in Singapore then for my company assignment there. She was there for around 11 months and then return to India for delivery. We quarrelled few times before for small reasons.

Then I took them to Singapore with my 4month old new born. I have gone through all the mood swings and continuous demand of gold and jewellery. Demand I thought I have fulfilled. Then our son diagnosed with autism and blame game started to escalate. I have just repeated that she should not use tab/mobile while the child is eating. She complained that I should hire a made for child to take care. But unfortunately, that didn't happen. I have consumed all the blame since then. I have never said a word that it was her fault. I even believe that it might be genetic.

Now she shows all the negative sides of her, first it was bad idea to get married with me, our village is backward, my religious beliefs are in fault, my sisters are cursed regularly, nothing is good for her. She has health issues (related to period), so avoid sex many times, almost unpredictable ànd I have stop demanding since months and still she avoids.

Every little things she exposes to her mother over phone call. She says she is being tortured, which is not true (it's possible she feels trapped in marriage and mentally she feels so). She is lazy to such degree that even she claims money if my mother stays a month with me(she is window and she received pension) because she has to cook for my mother.

In my village, we don't have any nanny/made available. Everyone works on their own. Still I have given freedom to get any one who is interested to help her in washing dishes, cleaning etc and get that service and I pay for that. Once she spreaded rumours against me for giving extra charity money to house-cleaning made. Her belief in my religion is week, stealing and telling lie very normal.
 Such a bad experience and I still continuing. Now I feel my life should not be this way anymore.

I am from Murshidabad district of West Bengal State, Islam by religion (ahle hadith), she is also from same district and samr religion (Hanafi madhav). I have engineering degree and working with a reputed organisation. She has completed master in Bengali and completed also B.Ed while married with me. 


I have purchased a flat in Rajarhat while married. 
I am building a house in my village.
Besides that all the insurance and pension funds are consumed during my unemployment from 2020 Jan to Sept 2021.
Now I have regular job with almost 90k as monthly.

I want to ask the expert of family devorce lawer what is the rule if devorce her.
Asked 4 years ago in Family Law
Religion: Muslim

2 answers received in 10 minutes.

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5 Answers

You can divorce your wife as per Muslim personal law 

 

2) issue wife arbitration/ reconcilation notice 

 

3) if reconcilation fails issue wife 3 consecutive monthly divorce notices 

 

4) pay wife Meher amount and maintenance during iddat period 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You have to give her maintenance according to her situation and circumstances. If she is working then she will get less. 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Since your marriage was solemnised as per Muslim personal law, you may have to dissolve your marriage by talaq ahsan or talaq hasan observing three months iddar period and other formalities.

After that you can file a suit for declaration to declare the divorce as valid on the basis of talaq.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You need to give her alimony if she doesn't have any employment. If you have children then maintenance for them. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

- 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- If she is not interested to live with you , then you can take her consent for mutual divorce as per Muslim law like Khula or Mubarrat . 

- Further , if she not agree, then file a divorce petition before the court on the ground of cruelty and other mentioned grounds. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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