Divorce under muslim marriage law
IK
(Querist) 29 April 2015
This query is : Resolved
To
Legal Experts
Sub:
1) Divorce under Muslim Marriage Law
2) Marriage taken place at Andhra. Boy is from Karnataka & Girl is from Andhra
3) Both families residing in Saudi, (the boy family & girl family) The boy is working.
4) Daily she tortures with cruelty on the boy for money and property
5) Girl not at home went away taking her belongings and our money which was kept at home.
6) Wife and her relatives harassing the boy and his family members.
7) She ill-treat boy’s family.
8) She is also suffering from ovarian cyst/tumor and unable to get pregnant.
I am Mr.I.KSyed citizen of India and origin from Karnataka state, working in Saudi.
I have some queries and require legal advice with Citations and Judgement from you. It would be highly appreciated in this regards.
Matter:
We are muslim by religion and origin from Karnataka state. This is regarding my son who we arranged a marriage to a girl from Andhra Pradesh.
Both boy and girl families are staying in Saudi. The marriage had taken place in Andhra because of her hometown.
The marriage was solemnized in presence of khazi, witnesses and relative & friends.
Now, from the day of marriage the girl started to show her cruelty towards the boy and always tried to show herself in arrogance.
This shows that she is not married as a wife or daughter-in-law. Her intention shows that she just wanted our money and property.
Without any proper reasons, she blames, becomes angry and abuse the boy as well use vulgar words to boy’s relatives. She wanted break household things.
We are fed up of her and her relatives behaviour. Once after marriage even her father mother don’t talk to us in proper manner. It shows they intention is bad.
The marriage has been just 7 months. The marriage formalities performed in proper manner as per Muslim Shariah law.
From past 7 months of torture mentally and physically arrogance towards the boy and towards us.
Also Now its been 7 months and still she did not get pregnant. So, boy’s mother called her mother and taken the girl to the doctor for checkup. The lady doctor checked thoroughly scans, blood test, & other test. Then we got the medical report as she is suffering from ovarian cyst/tumor. That’s why she is not getting pregnant. Doctor prescribed treatment which is of long course.
Our family was shocked and boy is completely disturb because this is the part for giving birth child. But we were silent and left it on God.
But on the faces and behaviour of the girl & her parents, it is not at all upset as if they knew it earlier.
Now, after few days she started targeting my mother and brother. Because we came to know her illness, she started abusing all front of the boy. Even she shouts loudly at boy’s mother.
The boy get upset daily because of her cruel attitude. He has work office. Whenever he is back home, he feel his life is in danger with the girl.
One night she started shouting at the boy and called her parents suddenly. Her parents instead of consulting boy’s parents/elders, they barged into the house and started abusing the mother, brother and the boy. We were shocked due to their misbehaviour. And she taken all her belongings, and even huge money which we had in home. This looks like pre-planned. They even threaten the boy and his family. Even her father mother forcing the boy to give Talaq to the girl. The boy went away without responding to the forceful pressure.
Now, still 7 days she is not back. Now, even we are fed up with her ill-treatment cruel behaviour. She got married with only intention to get money and property in India. So, the boy and his family don’t want her again. And she left our house without our consent.
Now the issues:
1) What will they do to the boy and his family
2) What is the Procedure of Separation as per Muslim Law
3) We don’t want to pay her any maintenance or any kind of financial assistance.
4) Whether it is better to give Talaq from boy side or tell them to take Khula from girl side
5) If boy gives Talaq, will he be entitled to pay maintenance or give some property or any other demands.
6) If girl gives Khula, will the boy be safer side. Whether again he will be entitled to pay maintenance or give some property or any other demands
7) The boy is ready to pay her the Mahr according to the marriage agreement.
8) Now, both the families are in Saudi. What is procedure. Can we get separate here itself or should we be in India. Marriage was in Andhra. But we belong to Karnataka.
Please guide and advice regarding this issue.
Thank You
Dr J C Vashista
(Expert) 30 April 2015
Too long a story and not a query, be precise.
Kuummaar AS
(Expert) 30 April 2015
You may go through "THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939"
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
He can give Talaq as per Muslim personal law applicable in India since both are Indian citizens. The Mahr amount has to be paid by the boy side and any agreed amount for Talaq. If the girl consents for Khula the terms for the same also can be mutually decided.
