Myself Md Sahel Aktar. I married almost one year ago. After four months of marriage I get to know that my wife is suffering from mental disorder. She was being treated before marriage. After knowing about my wife some of my elders grabbed the medical prescription from my father in law. It was from "central institute of psychiatry". The tablets she is consuming are OLAMZ(10mg), MIRTAZ(7.5mg), PAN-D etc. As because my father in law not given us the test report but after consulting with some doctors we get to know that this prescription suggests some immense problem. We have not filed any case against my father in law. We were looking to our social heads to make some mutual understanding and they also tied with this proposal but they only make commitment and delaying with weird excuses. We have been fade up and wasted almost five months after the circumstances. My wife also disagreed the marriage and continuously telling that she doesn't believes in marriage. There is a very huge amount muhar (Islamic price bond to be paid to the wife) around three lakhs of Indian rupees, and for this reason we are unable to take initiative to give her divorce. Is there any way of not giving them the amount and break our relationship. Now we are losing our patience after wasting time on our cultural leaders, so can you guide us how we can go ahead with the legal prospect to get rid of this problem with minimum time.
Thanks and Warm Regards,
Md Sahel Aktar.
Asked in Criminal Law from Howrah, West Bengal
1) you can divorce your wife as per muslim personal law .
2) you can issue her arbitration notice fixing date and time for arbitration
3) if she refuses to participate in arbitration you can proceed to divorce your wife .
4) you have to mention reasons for divorce in talaqnama
5) you will have to pay her meher amount
Dear Md. Akhtar
As per Islamic Law and Indian law, you have to pay the Mahr Amount and iddat period maintenance and also you have to pay some amount for her livelihood if she is unable to maintain herself.
Mahr is the amount which is her right as per Nikahnama and Husband can not challenge the same after marriage.
it will be better to settled the matter amicably with them and live your life happily as per your wish otherwise ready to fight the legal bettle.
There is no procedure for you to obtain divorce by court because as per islamic law and Indian law you have right to pronounce divorce her in front of two muslim adult male.
Feel Free to Call
Advocate, New Delhi
According to Muslim law, marriages are of three kinds: (i) sahih or valid; (ii) batil or void; and (iii) fasil or irregular. The Muslim law, does not classify any marriage as voidable marriage. A sahih or valid marriage is one that is contracted by observing all the conditions of marriage. If some of those conditions are violated, the marriage is batil or void. Those conditions are: consanguinity, affinity, forterage, marriage by a Muslim woman without divorce by a living husband. If some other conditions are violated the marriage is declared fasil or irregular.
Irregular (fasil) marriages are: (i) marriage contracted without witnesses; (ii) marriage with a fifth wife when four wives are present; (iii) marriage during the iddat period; (iv) marriage prohibited on the grounds of a different religion; (v) marriage prohibited as an unlawful conjunction.
Therefore there is no ground or reason for declaring your marriage as void under the said grounds in your case.
A Muslim marriage can be dissolved by divorce by the parties without recourse to the court and on certain grounds by recourse to the court.
The law as ordained by the Holy Quran is that talaq must be for a reasonable cause and that it must be preceded by an attempt at reconciliation between the husband and the wife by two arbiters, one chosen by the wife from her family and the other by the husband from his family. If their attempts fail then talaq may be effective.
Thus talaq is the only relief available to you. If your marriage with her has to be dissolved through talaq then the other formalities in this regard have to be strictly followed. So think of the mehr or dower amount to be given for pronouncing talaq.
But why can't I case fraud allegation to my father in law. Because he has cheated me by making a relation with mentally disorder women. She is unable to make such relation with this type of mental problem. And the most important thing is that she is not believing that we are in marriage relationship. She is ready give divorce. So if there is any way to accept divorce from my wife then I can save that mahr amount. Can I do any possible crook by taking divorce from herself( You can guide me on this by giving some solid step, I will have no problem to take some unethical step because they done first and I will finish if there exist any process, because she is not living with her parents so I can create that opportunity). I'm not willing to give talaq to her. It's about fraud done with me. They hided the problem of his daughter and completed the marriage. So there must be a path to case my father in law. Please help on this by giving your precious advice.
Asked 11 months ago
No such fraud case or cheating case can be filed agaisnt her father because the marriage has not taken place on the spot after seeing the girl, this is a planned event so it becomes your duty to very and confirm the genuineness. You cannot blame someone for your own mistake or fault.
However regarding your other issues you have mentioned you may consult an advocate in person and take his advise on the strategy and move on to achieve your object.
If it is not possible to bring about any conciliation between husband and wife and the husband even refuses to divorce her, it is permissible for the wife to give some money or her mahr to her husband and tell him to let her go in exchange for that money.
2)you can file case of cheating against your father in law if you so desire
1. It appears that your wife is suffering form Schizophrenia which is not completely curable,
2. As per Hindu marriage Act. this marriage could have been annulled for availing you consent by supresing the vital fact from you,
3. However, in your case also it will be easy for you to give her talaq but you shall have to pay the 'Den Mehr' agreed by you,
4. You can file a criminal case against your wife/FIL for cheating you and getting a huge amount of 'Den Mehr; agreed by you without informing that she is suffering from Schizophrenia to earn money illegally from you,
5. Being so pressurised, your wife may agree to relinquish her demand for payment of 'Den Mehr' from you.
1. Lawyers can not be asked for giving advice for taking any unethical or illegal step,
2. Such illegal steps, when caught, will lead you to even worse situation,
3. Since you have married as per Islamic Law your divorce also will be as per Islamic Law ,
4. You can ask your wife to give you Khulla and relinquish her right to claim ;Den Mehr'.
The only thing you may do is to divorce her in accordance with shariah by pronouncing triple talaq on her which has to be posted to her through a registered qazi. However, no criminal prosecution for fraud is made out as the legal definition of fraud is different from how it is understood in common parlance.
Muslim marriage is very much like a contract. from your question it is apparent that consent of the parties are taken from fraud (concealing material facts at the time of marriage). when consent of the contract is taken by fraud is becomes voidable, same analogy is drawn in Muslim marriage. thus you should repudiate this marriage ... you will not be liable to pay mehr.