I am muslim husband trying to seek divorce from my wife who concealed her violent bipolar disorder before marriage. After struggling for 2.5 years, I finally gave in. There is a 2 yr old child who is in her custody. She is currently residing with her parents. I approached the jamaath but they failed to settle the dispute. I wanted divorce but the girl is a psycho and is refusing to accept. As jamath requested both parties agreed to give a cool off period of 3 months before discussing again but within a month, she filed a police complaint demanding reunion or return of all her furniture / marriage gifts gifted by her parents. I returned everything. I tried to reach a settlement at police station but she refused to accept divorce. Within next month, I got a notice from court as she had filed maintenance under sec 125 crpc. I was shocked. I then sent 3 talaq notices at 1 month intervals; first one she received. second one she ignored and it returned with addressee unavailable; third one she "refused", and it returned. In the 125 case, i went for lok adalat and discussed with her laywer. he is demanding 30L to which I am ready to give; He said i have to pay the money as soon as "Mubarath" (mutual divorce for muslims) is signed. He says we will close the case saying mubarath/settlement is reached between parties, sign on mubarath document and I should give the money then and there. We will file the mubarath in court on a seperate date. But my laywer says that it is a trap. - What is the proper procedure for Mubarath? - Do we have to file the agreement as a petition in court? - Do we have to present ourselves on two seperate dates in the court as in HMA mutual divorce? - Can a wife after signing the mubarath agreement in maintenance case, take a u-turn and refuse to accept divorce in family court? - If I give money to end 125 case + mubarath sign; and she does indeed take a u-turn and not appear in court to file it, will atleast my maintenance liabilities come to an end? Can I file my talaqnama in court seperately and get a divorce decree without wive's consent? - Can she open a new DV/RCR case in a different city hiding all the facts of the above case to somehow cancel my divorce and extort more money? - Is it possible for her to claim in family court, that she is ready to return the money but not accept divorce and as a result the case gets dragging indefinitely - denying me peace of mind and move on in life?
Mubarathnama should be signed by both parties in presence of witnesses and registered
2) you can file agreement in court
3) you don’t have to follow same procedure as in HMA
4) wife can refuse to accept divorce but agreement signed would be binding upon her
5) your maintenance liability would come to an end
6) after divorce e no DV case can be filed
Mubarat: Under this method of divorcing under the Islamic law, both wife and husband are not ready to live together anymore and want to get separated as soon as possible dissolving the marriage.
Since this is a dissolution of marriage by mutual consent as per Muslim personal law (Shariat law), there is no necessity to file any petition before court, however the mubarathnama can be written through a Moulvi of the mosque that you belong to.
This document may be produced by her before court while she is withdrawing all the cases filed by her against you in court of law.
The conditions and the terms may be reduced to writing and get it attested before the Jamath.
For all your subsequent queries that in case wife is playing fraud after the 'mubarath' has been finalised, then you may produce your copy of the mubarathnama which contains the signature of both and duly attested by the Jamath, before court and get her false cases dismissed if in case she resorts to such dirty habits in future.
As a Muslim, the Talaq-e-Ahesan given by you has reached finality after your expiry of third notice. Mubarat/Khula by her is now redundant. Obtain a Talaqnamha from Wakf Board signed by Kazi. This is absolute proof of divorce for a Muslim.
So far as withdrawal of Section 125, if she agrees to withdraw it, you can keep the settlement amount with a third person acceptable to both and after withdrawal of 125 petition, the third person will hand over the settlement money to her. She has not choice but to accept the Talaq-e-Ahesan. It is irrevocable and absolute.
There is no guarantee that after settlement she will not file any criminal cases under DV, 498A, DP Act etc. She cannot be restrained from filing such cases as any agreement in restrain of legal proceeding is void and not enforceable. You can involve elders of Jamath in reaching an understanding that she will not file any cases. Even after that she files such cases, you can take assistance elders of Jamath in your favor to fight the cases.
Dear client I am sorry to hear that.
1. Under MUBARAT, divorce is by mutual consent. Thus, the proposal may originate from either side. You can dilea petition before the family court for mubarat.
2.yes.
3. No, it's highly unlikely.
4. Any party is required under this divorce, if she doesn't arrive ex-parte decree will be served.
5. No parallel divorce proceeding is maintainable if one proceeding is already going on this is barred by law.
Yes you can return the money and withdraw stating that it was not wilful
1. Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.
- Under Khula, the wife can give or agree to give a consideration to the husband for her release from the marriage tie , and also can relieve the husband from payment of Mahr to the wife .
- Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.
- Among the the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end, but in the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result.
- However, In both, Shias and Sunnis, mubarat is irrevocable.
- Further in both the form , the wife must undergo the period of iddat , and in both form , the divorce can take place under the supervision of Qazi , and no intervention by the court is required.
- For getting divorce from the court , you will have file a petition for mutual divorce under the Dissolution of Muslim Marriage Act, 1939 in the family court or District Judge.
- Hence , for getting mutual divorce , both consent should be there , and if one party not agrees , then it cannot take place legally , and will have to file divorce petition .
2. Yes, you should enter into an agreement with her after mentioning the conditions of payment and divorce , and you can produce the same before the court on her refusal to proceed for divorce.
3. Two motions of HMA not applied in Muslim law mutual divorce
4. After getting divorce under the Mubarat , she cannot file any case against you .
