Divorce
azmathullah
(Querist) 18 January 2013
This query is : Resolved
Hi
Everybody,
My wife file a false dowry case against me in 2006, and are separate since Oct, 2005. During this period I have seen her just two time in the court.
The false case she put on me is over and she did not even come to court, finally the judge order for her arrest and she came to court and did not provide any evidence and the judge order to go back to my home i.e., jun' 2011. Before that on Feb 2010 I got second Marriage and bless with one male child. This has been inform to court my me and my first wife., for which the judge pass the comment that as per muslim law the man can keep four wife, and ask my wife “what she did during the last five year,” any how that was not everything, the judge have observe many thing and ask her to Stay with me.
Even after so many year, we are separate, I am have 2 children with her, first daughter 9 year and second son 7 year.
As per the religious point of view, being separate so many year is a sin and all sin goes to me, even though she is in fault., If I fail to divorce her.,
So my answer is whether I can divorce her, and also I want the custody of my children if I divorce her.
What is the process as per judicial point of view and also Islamic point of view?
Thank and regards
Azmathullah Khan
ajay sethi
(Expert) 18 January 2013
court may not award you custody rights of children by your first wife . custody is generally given to mother . you will however be entitled to visitation rights .
you are at liberty to divorce her
