Dear Lawyers, I am a Muslim and my marriage was solemnized 6 month’s ago. The girl & her family lied about her actual age verbally and in the matrimonial bio-data. In the Marriage Certificate issued by the Moulana / Moulvi, the age(lied) has been recorded. In a few days after marriage, I discovered her real age and I was shocked to see that she is elder to me in age. I checked all her identity documents and her 10th certificate and I found the same age, i.e., greater than me, recorded in all the documents. I felt cheated and asked for an explanation but she ignored me. Her family claims they have informed me orally(which is a lie) or I should have verified her real age before marriage, nothing can be done now. Next, till date there hasn’t been proper consummation between me and her. She has continuously denied me, coming up with one or the another excuse each time I initiate, I hear a No. When we reported this matter to her family members, she said she is scared to consummate. Over a few days, I noticed her behavior and she had been continuously arguing with my family members. Every few days there used to be a quarrel. She was also pushing me live separately from my family. She has absolutely shown no interest either in me or in continuing the marriage. She has issued multiple threats to leave me, but now she says she said it in anger. One day, an argument ensued between the two families and it was a very fierce argument. I asked her to leave my home immediately and she left. After 3 month’s she came back, now she & her family claims we looked down on her like a maid, and are threatening to file BNS 85 case, DV case to IPS officer against me and my family member’s, and, they(her family) know how to bring me to line and will lock all us up and they know all the laws. We are fed up with their lies. After a few days, the Muslim Jamaat people gathered in our house and told me, to drop the age factor, adjust and live away from my family in 06 month's time as she cannot adjust to my family. I reluctantly agreed fearing police harassment to my family. Later on, I contacted an advocate and I was told to apply for Anticipatory Bail first and then go to Darul Qaza and seek talaq, however I will have to shell out at least 6K as maintenance as she has never worked but well qualified. I also contacted MRA's and they told me not to apply for AB instead wait until she files a dowry case against me. We are simple people and have good social standing and a good reputation in the society. My family members are in tears fearing the harassment from the Police as we have not demanded even a single rupee from her. People are telling me to compromise and adjust according to her due to the women centric laws and I cannot initiate a divorce nor say I want to nullify against her. I want to be free from her clutches, but she & her family continuously say, she wants to live with husband, which I know is not genuine. Please guide me how to proceed in my case
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You can divorce your wife as per Muslim personal law
2) issue wife arbitration / reconcilation notice fix date and time for arbitration
3) if arbitration fails issue 3 consecutive monthly divorce notices
4) mention reasons for divorce
5) return her Meher amount and pay maintenance during iddat period
6) if wife files false dowry harassment case apply for and obtain anticipatory bail from sessions court
You can initiate process for pronouncing Talaq Hasan or Talaq e Ahsan, observe three months iddat period and on completion of three months period you can declare the marriage between you and her dissolved as per Muslim personal law.
You can apply for anticipatory bail only after a FIR is registered by police and not before that.
You can patiently wait for the developments and then initiate appropriate actions as per prevailing circumstances.
Hello,
Assalamualaikum brother,
If you want to live with her by adjusting, then it is completely your choice.
If you don't want to live with her as she suppressed her real age, torturing you by threatening to file false cases, here are things you can do;
You can seek divorce from your wife by narrating all the true facts and circumstances.
No need of Anticipatory Bail.
Even if she files false case against you under dowry prohibition act and dowry harassment, the police will issue notice under 35(3) of BNSS, 2023. If she files this case, you can approach High Court by filing quash petition to quash the FIR.
It is better to engage lawyer and discuss things. This page is only for queries.
Hope you got clarity.
It is for you to decide, to continue or dissolve the marriage. If you want to divorce you have to follow following procedure. Talq-ul-Biddat (triple Talaq) is banned by Muslim Women (Protection Of Rights On Marriage) 2019. 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.
But you divorce you and your family have to face all legal trouble, mental harassment, loss of peace and financial expenditure. Ultimately you will come out of it but going through is itself a punishment.
You don’t have to worry just take precautions if any cognisable offence is registered against you through for then take anticipatory bail first. Don’t attend police station till you take anticipatory bail
Hiding age doesn’t nullify marriage under Muslim law. Since there’s no consummation and conflict, you can seek divorce (talaq) legally through Darul Qaza or courts. Get anticipatory bail to protect against false cases. Consult a family lawyer to proceed safely and avoid direct conflict.
First, regarding the false age representation, while it is understandably distressing, the courts generally do not grant annulment of marriage based solely on an error or concealment of age unless it amounts to fraud that goes to the root of the marriage contract or affects consent in a substantial way. Courts consider the fact of marriage solemnized and generally uphold it unless proven otherwise.
The continuous refusal to consummate the marriage coupled with quarrels and non-adjustment indicates a breakdown of mutual consent and cohabitation, which under Muslim personal law and the Dissolution of Muslim Marriages Act, 1939, can be grounds for seeking talaq (divorce) or khula (wife’s initiated divorce). Since your wife’s family is threatening legal actions like dowry harassment and domestic violence cases, taking anticipatory bail is a prudent step before initiating any proceedings, to safeguard you and your family from possible arrest.
Darul Qaza and Muslim Jamaat mediation remain options for amicably resolving disputes, but their decisions are not binding in secular courts. You are advised to legally approach a qualified advocate knowledgeable in Muslim law to explore your options for talaq by declaration or khula, and prepare your defense against any false complaints.
Maintenance claims are common in Muslim divorce proceedings, especially if the wife has not worked and is qualified. These claims are decided based on the circumstances and have provisions for adjustment. It is advisable to budget for such payments if amicable settlement or compromise is sought.
Social pressures to compromise and fears of police harassment are real concerns. However, no one should live under constant threat or coercion. You have rights under the law to seek dissolution of marriage when the relationship is irretrievably broken. Carefully documenting all instances of non-cooperation, threats, and quarrels will assist your case if legal action becomes necessary.
To proceed:
Consult and retain a competent family law advocate experienced in Muslim Personal Law.
Apply for anticipatory bail proactively to protect against unlawful arrest.
Decide on the mode of divorce you wish to pursue—talaq by declaration or khula—and initiate the process formally.
Prepare to respond to any false complaints, and if needed, file counter-complaints for harassment or defamation.
Explore mediation but do not rely solely on community or religious bodies in place of lawful remedies.
You are encouraged not to delay, as unresolved issues might aggravate. Professional legal guidance coupled with cautious but assertive steps will protect your rights and possibly help you achieve an amicable or judicial conclusion to this marriage.
If you need detailed, step-by-step legal assistance tailored to your personal and family circumstances, please contact us at
Given the situation you described, you have valid legal grounds to proceed cautiously but firmly. First, since you suspect false criminal cases like BNS 85 (cruelty), domestic violence, or dowry harassment may be filed, you should immediately consult a local criminal lawyer and consider filing for anticipatory bail for yourself and your family members. This step is preventive and does not imply guilt it’s to protect you from sudden arrest or pressure.
Second, as you are a Muslim, you have the option to approach the Darul Qaza or a Shariah council to initiate Talaq proceedings, especially since the marriage has not been consummated and there are severe compatibility and behavioral issues. However, ensure you document all facts, including her refusal to consummate and behavioral problems, in writing with witnesses where possible.
Third, the fact that she lied about her age and it influenced your decision to marry could amount to fraud or misrepresentation, though proving this legally is difficult unless documented. However, it strengthens your claim morally and in Darul Qaza or in a family court, should she file for restitution of conjugal rights or maintenance.
Lastly, if you receive any police notice or a formal complaint is filed, respond legally through your advocate never try to settle or compromise without legal supervision. If the woman continues to threaten legal action falsely, you may also explore filing a counter-case for criminal intimidation or misuse of the legal process under relevant sections.
Remain calm, avoid confrontations, maintain all communication records, and proceed with firm legal steps under the guidance of a family and criminal law advocate.
