Greetings! I had nikah in Oct 2022, in Ghaziabad. I am a government employee. At the time of marriage, both parties had signed a gift declaration under DP rule 85, with signature of neighbours and family of both parties. The girl stayed at my Delhi residence for only 2 days after marriage. Then I took her to honeymoon in Sikkim, from where she packed her bags and deserted me from the hotel within 3 days as she found me miser. She signed the list of belonging being taken away by her at time of deserting. I also recorded her relevant video. I filed an NC at local police station in Sikkim. Later I filed an application at Darul Qaza, Delhi, AIMPLB for conditional restitution of conjugal rights, where she never appeared. Then my father called her brother over phone for mediation, but his brother misbehaved over phone. Her sister also threatened physical injury to us, and same was endorsed by her brother over phone. Her father is sheikh caste, while mother a syed, but she has mentioned her caste as Syed in Nikahnama. I had paid the mehar at time of nikah, but she didn’t inform about it to qazi, and qazi has written as mehar unpaid in nikahnama, but she has mentioned in her signed letter that she is taking away the mehar, even the qazi has later agreed via whatsap , she got her mehar at time of nikah. Her brother abuses the PM over facebook and hates me for being a PM supporter. 1. Should I file a case of cheating as soon as possible, as she has lied about the mehar status? 2. I work in Sikkim, though she belongs to Delhi. Can I file the cases against her in Sikkim? 3. Should I first send her talaq notice and try to react only if she files cases, as she has advantage of being a woman? 4. Her father is sheikh caste, while mother a syed, but she has mentioned her caste as Syed in Nikahnama, is it criminal breach of trust and impersonation? 5. She called me fat and unattractive in bed on the day bridal night which I recorded later. She later also threatened with suicide twice, as I found her talking with some boy at odd hours regularly, but before marriage. I have the screenshots of call details, but don’t have direct evidences of her suicide threat. Are these valid cause for claiming divorce?
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Don’t file cheating case as it would aggravate the situation
2) issue wife arbitration or reconciliation notice
3) if there is no response issue wife 3 consecutive divorce notice mention reasons for divorce
4) or is not impersonation
5) wife calling husband fat and unattractive and threatening to commit suicide amounts to mental cruelty and is ground for divorce
1. As such no case of cheating is made out. It is best to file divorce case in court or pronounce talak. In such case AIMPLB does not have any power.
2. No. As she is resident of Delhi so case is to be filed in Delhi only.
3. Talak through notice is not valid.
4. No. It is not the case of impersonation or alleged breach of trust. Half-baked information is always dangerous.
5. If you can prove her threat for suicide etc then it is valid but if you cannot prove then may adversely affect you.Talking to boy and that too on phone is not a crime. She has numerous legal remedies so act prudently.
- 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.
1. As per law, giving false information at the marriage is a ground for nullification of marriage , hence the marriage can be declared as invalid on this ground after filing a declaration suit before the family court.
- Police may not consider compliant for cheating against her.
2. Yes, but the jurisdiction may be the place where the marriage was taken place.
3. You may face criminal consequences for giving Talaq notice her , however you can approach the Qazi for the same.
4. It is a ground for declaring the marriage as null and void
5. Evidence is necessary
1. No, the cheating case is not maintainable.
2. You can file a restitution of conjugal rights suit in Sikkim if need be otherwise no other case is maintainable.
3. You can pronounce talaq ahsan or talaq e hasan;
Under Talaq-e-Ahsan, the husband must pronounce divorce in a single sentence when the wife is in a state of 'purity', that is, not menstruating. The divorce is followed by a period of abstinence, known as "iddat". The duration is ninety days or three menstrual cycles or three lunar months.
4. No, it is not a criminal breach of trust or cheating case, because it is not a material for marriage that it is reported to have been suppressed.
5. You do not have to give reasons for pronouncing talaq as per Muslim personal law which allows a man to unilaterally divorce his wife by pronouncing talaq, either orally or in writing, three times with a gap of one month between two consecutive mentrual period.
You can file cheating case as well as petition for annulment of made on grounds of cheating
Dear learned counsels, thanks a lot for your kind replies. 1. OP has taken 13 thousand in brother’s bank account and 2 lakhs in cash before marriage as a loan for her marriage expenses, though I don’t have proof for the cash. What could I do? 2. "Under Chapter-16 of the Mulla's Commentary on Mohammedan Law, Muslim husband does not have right to approach the Court for a judicial divorce."— Jharkhand High Court, Md. Yusuf vs Nasreen Begum on 18 June, 2018 https://indiankanoon.org/doc/78640242/. Same in Shayra Bano judgement page 134. If you have any judgement claiming sharia men can avail judicial divorce, please share. 3. Do courts accept a conditional petition for RCR? My condition would be, OP apologises in written, with her neighbours and family as witness. 4. Should the cover of the legal notice be semi transparent/ window envelope so that OP does not claim, it was not a notice? Any solution for this please. 5. Are gazette publications necessary for an RCR case to be ex party, if OP doesn’t appear after receiving notices?
You have to divorce your wife as per Muslim personal law
2) send notice by email and also by registered post AD
3) there is no evidence to prove cash transactions
4) don’t impose any conditions for RCR
5) at stage of settlement insist on written apology
1. You can a make a mention about the amounts transferred to her on different dates in the communication.
2. There is no provision in law including the Muslim personal law for Muslim male to approach court for divorce, however he can approach court to declare the talaq e ahsan or talaq hasan as valid already pronounced observing the procedures prescribed in the per Shariat law and produce evidence for that.
3. No such conditions can be put before court to grant judgment in the RCR suit
4. Do not insist of such flimsy reasons, the legal notice is to be sent by your lawyer and he knows how it can be sent, don't worry about the envelope.
5. No, it is not necessary.
No it’s not necessary only service through Baliff is sufficient
Regarding the issue of mehar, if there is a discrepancy between what was mentioned in the Nikahnama and the actual payment made, you may consult with a lawyer who specializes in Muslim personal law. They can guide you on the legal options available to address this issue, such as filing a case of cheating if applicable.
The jurisdiction in which you can file a case against your spouse depends on the specific laws and rules in your country and region. It's best to consult with a lawyer in Sikkim who can provide advice on the appropriate jurisdiction for filing your case.
Whether to send a talaq notice or not is a decision that depends on your specific circumstances and the advice of your lawyer. They can help you understand the legal implications and guide you on the best course of action based on the laws applicable in your situation.
The issue of caste mentioned in the Nikahnama may not necessarily be a criminal offense. However, if you believe that there has been impersonation or any other fraudulent activity, it would be advisable to consult with a lawyer who can evaluate the facts of your case and provide guidance accordingly.
The incidents you mentioned, such as insults, threats, and potential infidelity, can be factors to consider in a divorce case. It would be best to consult with a lawyer who specializes in family law or Muslim personal law to understand how these factors may be relevant in your specific jurisdiction.
Regarding the additional questions you asked:
If you have evidence of the loan taken by your spouse, such as bank transfer records or any written agreement, you may consult with a lawyer to understand the legal options available to recover the amount.
The legal provisions for divorce in Muslim personal law can vary depending on the interpretation and specific laws applicable in your country and region. It is essential to consult with a lawyer who specializes in Muslim personal law to understand the legal options available to you.
The acceptance of a conditional petition for restitution of conjugal rights may vary depending on the court and the specific circumstances of your case. Your lawyer can guide you on whether such a petition is acceptable in your jurisdiction.
The format and requirements for sending legal notices may vary depending on the jurisdiction and the specific laws applicable. It's best to consult with a lawyer who can guide you on the appropriate format and delivery method to ensure that the notice is legally valid.
The requirement for gazette publications in an ex parte case and other notice-related procedures can vary depending on the jurisdiction and the specific laws applicable. Your lawyer can provide guidance on whether such publications are necessary in your case.
1. You cannot take any legal action against her due to lack of documentary proofs
2. The Qazi talaqnama is valid in India, if proper procedures adopted by the office of the Qazi
3. You can produce the neighbor and relatives as a witness before the court.
4. As usual and not fixed rule for sending notice , however on the envelope : legal notice " can be written.
5. No