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Mohammad_ZK ( )     02 May 2014

Divorce under muslin law

Dear Sir,

I need your guidance in below case & would be very thankful the same------

I got married in Oct - 2013. My wife & her parents' behavior was not good, they were using abusive language to me. My wife was not willing to have married life. After one month of marriage, her parents took her back & said she will not have married life. Also girl was saying from first day that like her friend she will also get divorce only. From Nov 2013 she is not with me. We tried to bring her back, but still she did not. Later we came to know that this family was not good, her family members, like her uncle had criminal background. So according to muslim process of divorce, we sent her 3 legal notices. They accepted first one, other two they did not accept. We have sent these with register post & have copies of the same, sealed. After all this we got divorce certificate from mufti under muslim personnel law board.

After all this was done, they forcefully sent girl in our house 10 days after divorce, where my parents are staying (i am staying in other city). They have mentally & physically harassed my family. Later the girl & her relative hit my family members. her dad is constable in Police dept., he is saying he will manage legal. They filed 323, 504 & 506 chapter case against us. Now they are saying boys earnings are good we will make money from this, & threatening us for 498A. we have sent the application to SP for protection.

Now they have sent a notice through women's cell to all of us. They are also trying for other cases. They are asking for money from Outside for settlement.

Pl. advice in above matter.

Thanks & regards,



Learning

 10 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     02 May 2014

As you said, divorce was already effected under the Mohamaden Law. Then, the section 498(A) IPC will not attract.  Other case is concerned,  you can approach the appropriate Court either to quash the FIR or to defend the case.

1 Like

Mohammad_ZK ( )     02 May 2014

Thanks for the reply....

She is educated, graduate in computers, capable enough to earn for herself....earlier also she was taking tution. will she get any sort of maintenance. Also it was very short duration for which she has stayed with me...............their sole intention was to harass us, take money from us, for which they have done the marriage.

Also they have sent the girl forcefully after divorce with intention to harass us & ask for money from us, for which we have already registered FIR against them.

Regards,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 May 2014

Dear Querist

you can file a criminal complaint against them u/s 383/384 of IPC for extortion

1 Like

T. Kalaiselvan, Advocate (Advocate)     02 May 2014

I would like to clarify that though you have divorced her, still she can file umpteen number of cases against you namely u/s 498a, DV act and maintenance u/s 125 Cr.P.C.   You cannot stop her from going ahead with her decision if she had decided to torture and extort money by all types of illegal way using women biased laws in her favor.  You can secure the evidences against her and also against her background due to which she is playing all these mischief against you, it will be helpful for you to go for quash  of the cases before the high court in case she intentionally files all these false cases against you.  Make a complaint against her father who is putting pressure on you on such issues using his employment influence, with his higher authorities.  If you have decided to challenge then donot pay her any money even outside the court or if you want to get rid of all these trouble once for all, you may negotiate the amount and settle the issues permanently, choice is yours.

1 Like

Mohammad_ZK ( )     02 May 2014

Thanks for reply sir,

she has hardly stayed with me.......then she was divorced. later once divorce was done, she & her family members have forcefully entered in my parents home........& registered chapter cases...where we have already filed cases against them & hit my family members...one of them was admitted civil of which MNC No. is there from hospital ..... which we have register FIR....we have given application to SP of both district...Also case of 452 & 395 are register ......when they entered our home forcefully, and harassed & taken things..........i have recording of the girl was having no problem with us.when she was leaving & later when she was at her residence. Outside he is asking for large sum....which is not justified.

Regards,

T. Kalaiselvan, Advocate (Advocate)     03 May 2014

Do not budge to the pressures o the greedy persons, the law is in your favor challenge all her moves.

1 Like

Mohammad_ZK ( )     03 May 2014

Thanks sir......

How should i approach the case? In 498A they are putting names of my relatives who do not stay with us or stay outstation...........or very elderly 87 yrs of age. What should be done to quash false case like this? Also about the maintenance, will she be able to get any....if these cases are proved false.

Pl. guide.

T. Kalaiselvan, Advocate (Advocate)     04 May 2014

For the senior citizens, first of all obtain dispensation of appearance u/s 205 Cr.P.c. and then go for quash.  For quash petition , you can go for quashing the entire case itself.  Maintenance, ask your lawyer to strongly challenge the case based on the evidences in your possession against her and her father.  Do not ever budge to their pressure and go for a compromise because it will weaken your side.

1 Like

Solomon Raju (Advocate High Court of A.P.)     06 May 2014

Dear Mohammad,

There is a Supreme Court Judgement that divorce before a Mufti is not valid under law until you secure the same from competent family court. So, she will treated as your wife for all purposes until you secure divorce from competent family court. The other formalities and legal notices will be useful to prove your case that both of you are living separately and you have no physical relation as well as you are not even on talking terms...Keep the legal notices, if you anticipate that the police will book a 498A case, then better a complaint to the concerned Superintendent of Police anticipating 498A and enclose the legal notices and inform him that either you or your parents have not committed such offences and seek a direction to the local SHO not to arrest you upon receiving such complaints without enquiring into the facts of the case and also enclose your employment ID card to show that you are at work place. ....

Mohammad_ZK ( )     07 May 2014

Dear Sir,

Thanks for writing.

For this divorce she has right to challenge which can not be sustained. I am yet to find a case where in divorce taken under Muslim personal law board i.e. Central Wakf Council, as this divorce, which are done by sending three legal notice, where in it was communicated to girl by notice, and she did not object to the same. is not accepted -  these are upheld by the court. This is not just as per sharia, where we just say 3 talaaq. This is very much valid for Muslim marriage act, also accepted under IPC, just we need to put our side strongly. Also the evidences which i carry will help to quash this case. What i feel if we stand & put correct stance, we will have little trouble in starting, but later on,  with these facts we can ask for penalty & also sue them for harassment. There are recent judgement which have punished the female party for filing wrong cases & trying to extract money.  As this law is one side, we need to be prepared & collect all the fact like all expenses which were incurred, receipt to support ourselves, other important thing like track what has happened....also giving background of families...as other party is already having criminal background...record of the threatening. Also they already have IPC 395 & 452 cases registered against them. So i do not feel scared for this, just need correct guidance so we can bring justice into the system.

Request expert to correct me if i am wrong & guide.

Many thanks


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