My wife and I are in a difficult stage of our marriage. During this period, she has gone to her parent's house. But not letting me meet my daughter who is 3 years old. If I text her to let me meet my daughter separately for a few hours, she says things like "will only let you meet if you make things right with me". Her major issue with me is that she doesn't want to come and stay with me in my parental home. Says that staying with my family gives her a lot of stress and I.pacrs her mental health. I am considering divorcing her but it doesn't seem like as a Muslim MAN I have a lot of options. She isn't the one who would mutually agree to a divorce. But during rhis period of contemplation, isn't there any way I can use the law to meet my daughter once every few days?
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You can divorce your wife as per Muslim personal law
2) issue wife reconciliation notice
3) if it fails then issue wife 3 consecutive monthly divorce notices
4) pay her maintenance during iddat period
5) return her Meher amount
6) if your wife is not permitting you to meet your daughter make application to family court seeking joint custody of your daughter and interim visitation rights
You can file for visitation rights from court. You can also fior custody
1. You are the natural guardian to your daughter of 3 years old.
2. Since baby is born to both the parents, as a father, you are entitled for visitation rights to meet your 3 years old daughter, when your wife is living separately.
3. Send a legal notice for making your wife to allow visitation rights for you as a natural guardian for your daughter. Inspite of this if your wife doesn't allow you visitation rights, file for restitution of conjugal rights in the jurisdictional Court so that she may join you in her matrimonial home. If it happens, the baby would be living with you and your wife.
4. Complain against your wife about her not letting you (natural guardian) to meet/visit your daughter to the District /State/National Commission for Women, as also in the jurisdictional Women Police Station.
- 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.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.
- 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.
- If she is not interested to live with you , then you can take her consent for Khula or Mubarat under the Muslim Law.
- Further, if she is not agree for the same, then you can file a divorce petition on the ground of cruelty and above said grounds.
- Further, she cannot deny to met with the daughter to a natural guardian , and hence you can file a petition before the family court for seeking visitation right or to get custody.
You can file a child custody case and an application for visitation rights as an interim relief in the same petition.
Since you are the biological father of the child and also a natural guardian to the minor child, you can exercise your rights to visit your child and can spend some quality time with her as per the timetable that you may present before court and as per court order she cannot deny access to your child on the stipulated time as passed by the court.
If you want to dissolve your marriage with her then you can pronounce talak by invoking talak ahsan or talak e hasan mode, which is legally valid mode of divorce as per Muslim personal law.
Dear Client,
I'm really sorry to hear about the difficulties you're facing in your marriage. It sounds like a complex and emotional situation, especially when it comes to your daughter. In most places, family law prioritizes the best interests of the child. Courts generally encourage both parents to have meaningful relationships with their children unless there are safety concerns. However, legal options can vary depending on your location and the specific circumstances of your situation. Mediation might help facilitate discussions between you and your wife regarding visitation and custody arrangements. Consider couples' therapy or counseling sessions to work on your marital issues. This could potentially help in finding a middle ground and improving communication.
If informal discussions fail, you may need to file for visitation rights through the legal system. Seek a court order for temporary visitation while the divorce or custody proceedings are ongoing. Highlight your love and commitment to being an involved parent. Courts often consider a parent's dedication to their child's well-being.
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