Please guide !
What is the legally correct method under Islamic Law (Hanfi Law) to "Divorce the Wife"
Brief Facts
When I use to away from home (during Office hours) My Wife has tortured (emotionally) my mother so much so that she has left the home even she had tried to commit suicide even.
Few months back my wife has deserted me (over trivial issue) and took away all the jewellery of hers and given by me. She was there for more than 4 months when i gone to her maternal home to brought her back they humilated & insulted me so much so that I often thought of commiting suicide. Her brothers had earlier (when she was at there home) threatened me to ruin my career. At that time I did not what to Divorce my wife. That time my lawyer had advised me to file case under Restitution of Conjugal Rights which i did not file.
Now my mother has left the home and I do not know where she is now! My Lawyer said if i go to police my wife may be arrested. I have a 1 1/4 year kid (son) also. Now she and my inlaws often threatens me that they will file false case on me and my mother. It seems after coming back she is showing hers true colours. She and my in laws are taking me for granted. Instead of made her understad they (my in laws) are threatening me with false cases. Now again she is asking me to send her back to her maternal home. This time I don't what to suffer the same humilation again at their hands, as per my lawyer filing of case under Restitution of conjugal rights will back fire me. Now have I decided to Divorce my Wife.
I am willing to give her due alimony [ meher ) - meher - e- fatima) as per our marriage contract. I am also willing to pay her the due maintenance.
Please consider the following facts .
1) I had received marriage gift (house hold goods) after 8 months of my marriage and my In laws made me sign the list of gift given to me. (I having a copy of the same and they have the copy signed by me.)
2) The above gift items are worth Rs. 75000/- (including jewellery) and I am willing to give her back all these items. How can I give her back these items after divorce peacefully.
3) Please guide me how to obtain Divorce as per Sharia (we are govern by Hanfi Muslim Law). Which should also be acceptable to the courts.
4) Whether After giving her divorce shall i go for Anticipatory Bail. (as there is a chance of filing false case againt me.). After Divorce there are chances of physical violence againt me.
5) As i am willing to per her the maintenance. Can I pay maintenance of my own or she has to approch the court to get the same.
6) Lastly how will i meet my son and whether I will be given custody of my son after seven years.
Your Expert opinion required... Please help.
