Dear Sir, I have been married for 9 months now and it is not working out between us. We have been constantly having fights and arguments. My wife constantly harasses me for money and lately our relationship has come to an end. We married according to Islamic law in India and we are currently overseas in Australia. I am currently seeking advise for divorce and looking at options if I file for it in India or in Australia. Our relationship went downhill also because of my mother-in-law's constant interference in our married life. My wife does not want to contribute to the family income as it is opposed in Islamic culture for the girl to use her money for supporting the household as is the case here if you are living in a western culture. If I file for divorce in Australia I will have to split my assets 50/50 as per Australian Legislation and Laws. Will it be the same thing in India? Also, as per Islamic law her parents have asked for a large maher amount that I need to give if a divorce was to take place in our marriage. Although Islamic law is not considered here in Australian legal system will it be better for filing a divorce in India? Another concern with regards to the maher is the amount that is mentioned on 2 different documents. The registered marriage certificate says Rs. 50,000 while the Urdu booklet that is given in the Islamic marriage states Qatari Riyal 50,000 which I had agreed to during our nikaah and has witness signatures as well. What amount will be considered in this situation?
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Wife has no share in your property in India
2) in case wife is not working or there is substantial differences in your incomes wife can seek maintenance
3)you can divorce your wife as per Muslim personal law
4) you have to pay wife meher amount as mentioned in your marriage certificate and maintenance during iddat period
Dear Client,
As per the facts which have been provided, you can engage an advocate and share the facts of the case in more detail to get a better idea about the current situation.
Hope this clarifies your query and requirement.
Thank you.
The amount mentioned ion different currencies in the nikahnama should have been corrected at that time itself, there is no point in disputing this issue if you had accepted the same at the time of preparation the Nikahnama
If you want to dissolve your marriage as per Sharia Law in India then you may hve to send a legal communication for talaq and observe three months iddat period, and the talaq may be by talaq e ahsan or talaq hasan.
You have to pay the Mehr amount as agreed at the time of Nikah.
You can decide whichever form of dissolution of marriage that would be suitable to you considering the pros and cons of both the modes.
No such division of property is contemplated under Muslim personal law (Sharia) applicable in India. Procedure for Muslims is much simpler in India. 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.
When there are two figures, husband is liable to pay the higher figure. A divorce can be given even through GPA but the for that at least one partner should be residing in India. You can visit India once, complete above formalities, issue notice to wife in Australia and after 90 days divorce becomes final.
Better you can go for mutual consent divorce as per special marriage act. And draft the MCD MoU terms and conditions according to your wish and get signed both of you in front of Australian court.
They same MCD will be valid in the Indian court as well.
It eill create complications in future if he disputes maher. Get it rectified in your records of personal law and registered documents
- 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.
- Further, a Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in foreign Court, and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- Hence, if you both file a joint petition in Australia , then the decree of divorce granted by that court is valid in INDIA
- However, if you file a mutual divorce case in India as per Muslim law , then the said property distribution law is not mandatory , only she can claim alimony
- Further, as your marriage was solemnized in India. then Mehar amount will be considered to pay in Indian Rupees i.e. 50,000/- and not in foreign currency.
- Further, if she not agrees for mutual divorce in favorable terms then you can file divorce petition in Court in India as well on the ground of cruelty and other mentioned grounds.
- Further , during your life time she cannot claim any share in your property .
If a Non-Resident Indian (NRI) married in India wants a mutual consent divorce, then he/she can do so by filing a petition in India or in the country where both of them are residing. The courts will receive a petition from you and your wife for mutual consent divorce and the statements of both individuals will be recorded and the divorce decrees passed by Indian courts are valid in other countries just like marriages that are registered in India are valid in foreign countries.
However, if the decision to divorce is not mutual, and is going to be contested, filing a divorce petition in India would be a better bet in your situation as in India there is no law stating that upon divorce, assets have to be split 50-50. Although you will still have to pay an alimony and/or maintenance amount which is determined according to your “on paper income” and “living standard”.
As far as getting property is concerned, a Muslim woman is entitled to the MEHR that she got from her husband at the time of marriage and the amount mentioned on the registered marriage certificate will be counted officially
