• Muslim divorce

Hi,

I am married since last 4 years. From the day one I have having issues with my wife. We were given false information about her qualification and nature. She is being misbehaving with me and my parents. She has mental instability/problem too, she has attempted suicide few times and blackmail me to follow his order else she'll suicide. I have taken her to psychologist and she is under medication. 

She is staying with her parents since last 1 and half year and I bear all her expenses. This relationship is draining me up, after several failed attempts to make things work, I have finally decided to get divorce.

The problem is my wife and her family are shameless people, If I try to get divorce (through muslim leaders/group, no legal paper) as mutual consent or one side divorce, they may put a false allegation like dowry, torture etc.

As I am not sending legal paper, only talk to get a mutual consent they may misuse this. What should I do.. so that if they put a false case also things will be noted as revenge of divorce.
Asked 11 months ago in Family Law from Bhubaneswar, Odisha
Religion: Muslim
You can not help if they file false cases which has become a norm than an exception.
Negotiate and try to amicably resolve the dispute.
If they refuse to go for mutual divorce you may give her triple talaq. OIf they file any criminal case thereafter you can always take plea of talaq to be the precursor of their criminal case.
It will help.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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You are free to divorce her in accordance with Shariah law by pronouncing triple talaq on her, but this can be challenged by her in the court. If she files false criminal complaints against you then apply for anticipatory bail and then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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1) you can divorce your wife as per Muslim personal law 

2) divorce should be preceded by attempts at reconciliation 

3) if arbitration fails then proceed for divorce 

4)reasons should be mentioned for divorce and Meher  amount returned to wife 

5) if any false case is filed obtain anticipatory bail from sessions court 

6) contest case on merits 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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Immediately send a talaqnama after the signing two Muslim Witnesses who identified that you pronounce divorce in front of them and also send an amount regarding her Iddat period maintenance and Mahr if not paid, apart from this you have to pay some amount for her lively hood if she is unable to maintain herself as Per Quran.

if after sending this Talaaqnama she filed any false cases regarding dowry demand or domestic violence then the court and police will consider as counterblast case filed by her.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1) you should file for divorce in city wherein you resided with your wife after marriage or where marriage was solemnised 

2) you should apply  for AB in court within whose jurisdiction FIR has been regd 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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First of all, you may give her talaq by following the procedures that would be instructed to your by the mosque head or other elders. You can prepare a talaknama on the grounds of her misdemeanor, mental cruelty and har unbecoming acts of violence against you and your parents, abuses etc.  The suicidal threats also can be included the reasons for mental cruelty.This will help you to defend her cases against this talaq as well as the apprehended 498a case, etc.
You can seek anticipatory bail from high court if you live in  a different city provided she should have lodged a criminal complaint with the police ant eh police have registered a FIR against you.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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Yes you can prepared talaaqnama.
Anticipatory bail can be filed only before the session court of area where the matter is pending or before the high court under section 438 of crpc
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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No it should be executed at the place where you are residing now. Anticipatory bail can be applied where the case has been lodged or where you are residing now. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
I am married since last 4 years. From the day one I have having issues with my wife. We were given false information about her qualification and nature. She is being misbehaving with me and my parents. She has mental instability/problem too, she has attempted suicide few times and blackmail me to follow his order else she'll suicide. I have taken her to psychologist and she is under medication. 

==Collect all the prescriptions and appointment letters of doctors, emails and other related documents of psychologists and doctors.  Send her a legal notice by Advocate, asking her to mend her ways and maintain harmony and peace and cooperate in medication. This will save you from criminal cases, if she commits suicide may be suicide note.  If she is not willing to be with your parents, take separate room and you live with her separately. 

She is staying with her parents since last 1 and half year and I bear all her expenses. This relationship is draining me up, after several failed attempts to make things work, I have finally decided to get divorce.

==You have to bear all the expenses to the extent of your wife. If you do not pay, she may file case for maintenance. If you want to divorce, send a registered post containing letter of divorce (spelt three times) to her address (parents place).  Ensure that it should be delivered to her.  Keep the acknowledgement with you.  By showing this proof you will get divorce with your Khaji and even in the court also.  

The problem is my wife and her family are shameless people, If I try to get divorce (through muslim leaders/group, no legal paper) as mutual consent or one side divorce, they may put a false allegation like dowry, torture etc.

==Until you do not get divorce, they will harass you.  But once you get the divorce, they have no authority to harass you as the marriage is broken.

As I am not sending legal paper, only talk to get a mutual consent they may misuse this. What should I do. so that if they put a false case also things will be noted as revenge of divorce.

==No need to give mutual consent.  Giving divorce (Talak) by husband is very easy in your Muslim religion. I have already explained you how to get divorce by regd. Post.  If they put false case, defend the same.  Why do you worry when you have not committed any wrong. 

Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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