• Need divorce

Hi....i am an hindu boy and want divorce from my muslim wife....the maariage was conducted as per the muslim rituals in 2011..now we have 3 year old girl child..i am asking for divorce many times infact we were not living with each other for last 2 years...i met with a lawyer who made the divorced paperes as per muslim law with two witnessess and sent it to girls home..but she said that she never got divorce papers..but she took meher and iddat money of rs136000 by bank..and taking monthly maintainace of rs 6000....divorce was given in may now she forcefully came to my house and said that i do not accept this divorce and i will live here..though she never lived here after marriage both of us are living in a rented house near her place...her brothers forcefully came to my room and put her belongings..now she is living in my house and they threten me for legal actions like domestic violence or dowry...please help me..i dont want to live with her as she always stops or criticise me for making hindu freinds ..always ask to read kuran..namaz..dont talk to hindus they are doing jadu tona kind of stuffs..i have no one for support as i lost my father..my mom is abive 60..i have one elder sister who supports her as she is also married with a muslim boy and having personal issues....i would like to add one more thing that i thought i am free from this girl and about to marry a hindu girl but my sister his husband calls this girl to create scene so now the girl go away from my life...now she is living here in another floor of my house and m living in another floor sometimes she force to come at my room..please help me..
Asked 2 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) did you cover to islam at time of your marriage ?

2) do you have the conversion certificate ?

3) marriage with Muslim girl can be performed only if you had converted into islam 

4) if you had converted into islam then you can dissolve your marriage by giving talq to your wife as per muslim personal law 

5) file petition for declaration that marriage  is dissolved as per talq nama issued to wife 

6) for valid divorce among Muslims it has to be preceded by attempts at reconciliation 

7)if your ex wfe files false cases of 498A apply for and obtain AB from sessions court 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
If the propertyt is in your mother name then immediately left the home and live in another place and you mother may file a domestic violence case against her or file a civil suit for eviction or file a complaint before the SDM under Senior citizen welfare act-2007 and evict that lady from her home.

your divorce has been completed if the amount of Mahr and iddat period was release by her through bank, now she is not your wife as per law and religion.

No need to worry, if she wants to file the case against you then fight the case on merit and the chances for your win is depend on you and the evidence.

Your mother may also file a criminal complaint against that lady and her brother for criminal trespass and intimidation and harassment before the police.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
The marriage is void as shariah does not permit marriage between two non-muslims. You may file a petition for annulment of marriage as your marriage is void. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. When you married your Muslim wife, did you get converted to Islam?

2. Alternatively, did your wife get converted to Hinduism?

3. If no, then did you marry as per Special Marriage Act?

4. With out being converted in to Islam your marriage to her as per Islamic law is void.

5. Similarly, without her being converted to Hinduism, her marriage to you as per Hindu Marriage Act is void.
 
6. You shall have to file a divorce petition under the Act based on which you two had married.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Dear Concerned, 

You are in a problem.......you need to file a POLICE complaint without delay and also file application in the court about the contempt of the court decree. 

Police complaint saying that you have been divorced and your wife has forcefully come to your home and now she might put you under false cases. 

Also as this is a rented house it is suggested to leave this house IF possible and shift on rent on a location not known to her. Under Muslim law in any case you will not get the custody of the Girl child (except exceptional circumstances)

Without delay file a police complaint. 

Best of luck  

Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Your mother may file a complaint before the police regarding the same as this will is executed by force and under pressure.

Your mother may registered another Will as per her wish.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) you can obtain copy of the nkhhanama from the quazi who performed the marriage 

2) if you had converted to islam your marriage is valid 

3) will made by you can be revoked at any point of time 

4) suit for partition can be with drawn by you 

5) consult a local lawyer 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. Then you can divorce her according to shariah by pronouncing triple talaq which she can though challenge in the court.

2. You may file a suit for declaration of the will as illegal on the ground that it was executed by you without your free consent. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1.All your above statements may not be acceptable by the Court as true.

2. They gave you a Muslim name but did you get converted to Islam after following the rituals and customs like reading Kalma? Lawyers should be given correct information to enable them to give proper advise.

3. If you have converted to Islam then you can divorce her as per Islamic Law i.e. pronouncing talaq thrice.

4. If you were made to sign a will by her brothers in favour of your wife and child then title of your property can not be conveyed to them before your demise.

5. So, based on your will your property can not be partitioned in favour of your wife and child.  
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
If your marriage was performed as Muslim religious rites then the divorce or 'talaq'  what you pronounced is legally valid.   

She is no more your wife and to prove the talak happened between you and your wife the iddat amount she utilised shall be a strong and valid evidence for the divorce between you and her.

You can live separately away from her, she has no rights in your property during your lifetime.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
They put a muslim.name at the time of marriage and never give me the nikahnaama or other papers these all papers are with her family...her brothers came at my place and made a will where they mentioned the girl and child name in the part of my property...they went to the court with my sister and mother for partition of property.... they said its time to divde the property and sign there as witnessess of property will...where they put girl and child name in the part of property.

This case cannot run in the court because it is not maintainable in law. 
 She may posing a threat that way  but she cannot achieve her target. 
She has no rights to claim a share in it during your lifetime.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
wife can get around 10,000 per month as maintenance for herself and child 

2) you can divorce your wife by giving her talaq as per muslim personal law  as you had converted into islam at time of your marriage
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. You have not yet informed under which lw you have got married to your muslim wife.

2. As per Shariat, you shall have to pay 'Den Mehr' after pronouncing triple talaq to her to divorce her as per muslim law.

3. As per Hindu Marriage Act or Special Marriage Act, you can be asked to pay maintenance of an amount which will be fixed by the Court in between 1/5th to 1/3rd of your net monthly earning.

4. Your wife is employed or has earning through which is capable of maintaining herself, then she is not entitled to any amount from you towards maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
The maintenance case shall be decided based on her claims and how you put forth your side commitments/obligations and your income details. 
The court will analyse all the facts and the arguments put forth before it by both sides before making a decision. 
So you can challenge her claim properly before court. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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