Don't go into India now
Postpone your trip for 8 months
You can divorce your wife as per Muslim personal law
If wife files false 498A case obtain AB from sessions court
Don't bow down to wife blackmail tactics
My wife is having premature ovarian failure - her age is 28
Hello lawyers, My wife has premature Ovarian Failure which means ovary fails in the young age and she is impossible to get pregnant as she has no eggs in her ovaries and she will face lots of dangerous deceases like Bone weakness, Heart Attacks. This decease occur either by birth or at the time of Maturity of the girl. At the time of marriage they have hidden this fact and cheated me She is Msc (Phd) B ed for her studies also i have spent money. In short you can say she is as same as a granny with 55 years old. Premature Ovarian failure symptoms are Irregular or skipped periods (amenorrhea), Hot flashes. Night sweats. Vaginal dryness. Irritability or difficulty concentrating. Decreased sexual desire She has hidding this fact with me from long time, she hide all the reports and always bluff that it will be cured soon, Infact POF is uncurable decease and there is no medicine which bring back Ovaries to function and ovulate, it more than 4 years of marriage and she is never concieved and she can never become mother. I want the divorce and when i have spoke the same with her she is advising me to marry some poor girl with the Terms and Conditions of her. My wife's Terms and Conditions allow me for second marriage : 1.I need to give her the property worth 50 lakhs as her security of life. 2.Girl should not have parents, it means girl should be orphan 3.Girl should be from very poor family 4.Girl should live in the same house where my first wife also be part of , it means under same roof. 5.If at all the new wife gives birth to children, she needs one child completely. 6.And also she told that she will search the girl on her own no one should interfere, it means my wife will search as per her choice i should simply marry based on her conditions. I have all the proofs like phone voices recording in which she is discussing and forcing me to accept the above conditions. I have one more proof that her parents is also insisting me on this and i have the same phone recording. I am Muslim and i am currently working in Saudi Arabia. my age is 29 and I want justice ,My wife is also threatening me that she is file the case on me like 498A. My parents have filed a complaint in the Women police station one month ago. DSP called my father in law and my father and discussed about this, DSP over the phone asked my final Openion I said i want divorce and justice on this and he asked to speak to my father in law , he agreed there and asked to not to give talaq and advice me for second marriage, i have that phone recording as well. Later DSP and Women police station advice to settle matter with elders and come to one conculsion. After few days my father in law and her step mother changed the story now they claiming that there daughter has no decease, and demanding me to come to indian and they will have a panchyath will politicans. After that two weeks ago one local rowdy has called to my dad and treatned that he will kill him and break bones and he abused and scolded like any thing. Later next day he called to my saudi number and scolded me like any thing and told once i come to india he will kill me and file dowry cases make my whole family to defame and tourcher, i have recorded the call it was about 15 mins in the i have never scolded back. Next day my mother went to Women Polica station and filed complient aginst them by showing that proof. later DSP called both the parties and warned my father in law for doing such things. in that discussion my step mother in law demands that, I have to come to india then in presence of police one medical checkup should be done. Once Premature Ovarian Failure decease come they will accept to Talaq this was the agreement done in the police station. Now i need to tarvel to india after one month, will this travel be risky i need to know. what happens if they file 498A and my passport is sized and never allow me to fly back to saudi. I am working as oracle consultant to government of saudi arabian project which is in very critical delivery stage, i am serving layoff there is another 8 months project left, in this 8 months i can earn some money to fight the cases and if at all to pay any Alimony. I am feared that if they book some fales 498A and make me harrash, and spoil my carrier. They also mean while started approaching some lawyers on how to file fales 498A, as soon as i reach india. Let me know the does and donts when i go to india ? and do you advise to go to india now is it safe ? or just post pone the deal to next 8 months. I want to know what will happen further regarding my job and my parents ?? kindly Advice
Asked 7 years ago in Family Law
Religion: Muslim
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7 Answers
Sir recently the triple talaq is on stay, Allahabad court ruled that triple talaq is unconstitutional. Which form of Talaq should i give and when can be the best time to do this in my scenario as the matter is in police station. And how can i get AB from sessions court with out FIR filed on me. and how can i get AB being in saudi arabia is it possible sir ? Can she file 498A now because ? actually we are first to file a complaint and we have filed two complaints. I am basically from Andhra pradesh, and we have also humbly told them that we will give one time settlement. but they are not accepting this, because some one misguided his step mother that you can get share in the properties and you can dig huge money from them by filing false cases. I am anticipating that they are planning this Master Plan to execute once i reach india. All the assets are in my parents name, i have nothing and she is also highly educated, now she left the job and asking for maintenance of monthly 20,000 rupees. She use to work in International school and earns 25,000 per month now she left the job to crack the jack pot.
Asked 7 years ago
the correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by the arbitrators one from the wife’s family and the other from the husband’. If the attempts fail, talaq may be effected. In other words, an attempt at reconciliation by two relations, one each of the parties is an essential condition precedent to talaq.
2) talaq by a written document called a talaknama. . reasons must be mentioned for talaq and meger amount paid to wife . further she should be paid maintenance during iddat period
3) in andhra pradesh 498A is a bailable offence and you dont need to obtain AB from sessions court
4) only after FIR is filed should you obtain bail . you will have to come to india to obtain bail
5) if wife has worked in past and is highly qualifed she is not entitled to maintenance
6) gather evidence of her income
1.Do not worry as 498A caseshave lost much of its effect and getting bail is becoming easieer day by day.
2. Seizure of passport is very unlikely as that is done on heinous crimes.
3. if you are not form UP then the Allahabad HC order is not binding on you.
4. Since your religion permits more than one marriage you can marry another girl and leave your first wife.
5. In that event you have to provide her maintenance and contest the 498A case on merit.
6. You need not adhere to the terms and conditions as you have stated to be fixed by your wife as such agreement has no force of law.
7.So take firm stad and do not cower under the unfounded dear of 498A case. Nothing happens in this case if you take timely action,
what happens if they file 498A and my passport is sized and never allow me to fly back to saudi.
It is certain that they have a hidden agenda to trap you once you come to Indian soil and lodge all types of false criminal complaints against you including assault and criminal intimidation cases besides 498a, 406 IPC etc.
No doubt your passport cannot be seized by police or court, the court may direct you to deposit your passport in court custody till disposal of the pending criminal cases against you and also may restrict your travel abroad as a condition to grant you bail.
Since your wife side people have already indulged in violent activities against you and your family members, you cannot expect them to abide by law even if you agree to their conditions.
Their conditions and demands are unreasonable and unjustified.
This is nothing but a threat posed to you forever in your life which you should not accept.
Though the triple talaq method has come under criticization by top courts in India these days, no courts has opposed the method so far and has made it invalid or illegal.
To make it proper and legal, you may issue a legal notice to her mentioning her incurable disease as disaster to the married life especially when it affects the procreation, and also her unreasonable demands which are not valid in the eyes of law, you may advise her to accept khula for dissolution of your marriage under mutual terms and if she fails to accept or refuses then you would have no option than to opt for triple talaq to dissolve the marriage.
This step would ensure a safe passage legally when it results into an adverse consequence and forces you to confront the situation.
Recently the triple talaq is on stay, Allahabad court ruled that triple talaq is unconstitutional.
Please read the judgment properly before concluding on it. Nowhere in the judgment it is said that the Triple talaq is unconstitutional nor they have given a stay on it.
The Supreme Court decided to examine if Islamic laws governing marriage and inheritance violated the fundamental rights of women and take a call on how far it can intervene to modify the existing laws. The apex court's decision on the subject is still pending.
The conclusion of the judge by the Allahabad high court in this matter/judgment is that the court refrains from saying anything further in this regard since the Supreme court is seized with the matter.
Therefore the Allahabad high court has not delivered any judgment in this regard as has been misconceived by you.
Which form of Talaq should i give and when can be the best time to do this in my scenario as the matter is in police station.
On the safer side, you may first serve her with a legal notice hinting about your intention to divorce her by adopting Triple talaq method, the follow up talaq decision in writing sent to her by registered post would be more meaningful and legally valid decision.
And how can i get AB from sessions court with out FIR filed on me and how can i get AB being in saudi arabia is it possible sir ?
You cannot get AB if there is no pending criminal case against you including FIR.
If she has lodged a complaint with the police and the police register a FIR, then you can engage an advocate to file an application seeking AB before high court after which you may have to visit India to execute the regular bail by following the requisite formalities as per law.
Can she file 498A now because ? actually we are first to file a complaint and we have filed two complaints.
What she can do is upto her, but precaution will be better.
I am basically from Andhra pradesh, and we have also humbly told them that we will give one time settlement.
In AP, the offence under 498a is bailable hence you dont have to obtain AB, you can get station bail also.
All the assets are in my parents name, i have nothing and she is also highly educated, now she left the job and asking for maintenance of monthly 20,000 rupees.
You can challenge her maintenance case on the same grounds strongly and argue to repudiate it.
1. Why do you apprehend that your travel to India will be risky for you?
2. Your passport will not be seized if your wife lodges a police complaint u/s 498A of IPC.
3. In fact Supreme Court has directed the Police not to make any arrest against any 498A complaint before conducting an investigation about the fact.
4. It will be prudent on your part to collect the evidence of their threat to file false 498A complaint, if possible and then lodge a police complaint to protect you in future.
5. If a false 498A complaint is filed, you and/or your family members will be called by the police for investigation when you shall have to develop rapport with the police to ensure that the said complaint is not converted to a FIR by the police.
6. If FIR u/s498A of IPC is registered, do not be panicked. Collect the FIR no. from the police and avail anticipatory bail from the local court and after that contest the case fittingly.
7. You can ask your lawyer to delay the matter for another 8 months to enable you to complete your professional assignments.
8. FIR registered u/s498A is a common problem now a days and you should not be so worried about it. Nothing will happen to your job for the said complaint. You shall have to aail AB and contest the case as has been advised above.
Dear ..
Deeply gone through your mail....you can file quash petition in the court of law...
Regards
Mob-No-[deleted]
