Marriage
Abdul
(Querist) 17 May 2012
This query is : Resolved
Hi recently i divorced my wife and after my divorce i started the queries in this website and also reading the new laws of divorce and womens getting more power in their hand and can distroy her husband career and they are misusing the law.
so iam afraid of second marriage now becoz of new rules and powerful women rules.
i saw a article in newspaper. mumbai high court gave order to a woman to be like SITA and stay with husband and keep up the marriage.
and also i saw a article "husband commited suicide as wife booked a false 498a on husband and due to insult in society he commited suicide"
i saw more issues wife running away with her boyfriend and booking false cases on husband.
and these cases are high and more toubling if husband is NRI and indian police will also not leave the chance to take more bribe if case is booked on NRI.
iam NRI and from a good well educated NRI family and iam looking for a poor and good cultured,indian tradition women(iam against modernisation which makes women expose her body,work and argue with husband,maintain boyfriend,...... Television spoiled INDIA.i dont want anything as dowry or gift.
But after marriage for any reason this poor will beome powerful by marrying me and will make me poor and makes me insulted in society.
so my question is how can i marry in such a way that in my future she wont create any trouble to me and will keep up the marriage without any issues.
if she like she will stay with me if not i will see my way and she will see her way, without any issues.i will pay her some lupsum amount. which is called as mehar as per muslim marriage act.
Is there any contract which can make my marriage safe. like in western countries we have "Prenuptial agreement".
when indian law can give rights like in western countries then "does indian law accept any "Prenuptial agreement".
so that a man can avoid giving bribe to police and aviod women misusing indian law".
please let me know.
Thanks
Nadeem Qureshi
(Expert) 18 May 2012
Dear Abdul
only Shia shariat accept agreemental marriages. Indian Law will not accept this type of the marriages.
Feel free to call
Adv.R.P.Chugh
(Expert) 18 May 2012
Dear Querist,
Since Muslim Marriage in essence is a contract, it has all the trappings of an agreement, and the terms in Nikah Nama can be suitably varied, you can put a lot of conditions in the same, and as long as they are not against policy of marriage and Islamic Law, they would be sustainable and enforceable.
Let me get a few things to you straight :-
1. Merely paying Mehr won't do - Indian Law gives her a right to get maintenance until the point she gets remarried.
2. The condition that she won't work and remain a housewife - is a condition if put in Nikahnama - won't be given effect to by the Court
Bharat
Shonee Kapoor
(Expert) 18 May 2012
Muta marriage is not legal in India.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Abdul
(Querist) 18 May 2012
Lets make my question simple :
How a husband can save himself from his wife. When she books all false cases?
And what is prenupital agreement. How does it work in india?
SAINATH DEVALLA
(Expert) 19 May 2012
Dear Abdul,
Marriage be it in any caste,community or creed is considered to sacred and last as long as the husband or wife survive.But this system has been made a lifeless affair by both the sexes,with lack of understanding,superiority complexes, ego's,high handed behaviour etc.When we come accross queries stating that,we are married or 3 months or 6 months and are likely to opt for divorce.This gives an impression how marriage values are being dumped in the dustbin only or personal gains.The new acts or the amendements to the existing ones have made women more powerful and arrogant as far as marital life is concerned.Marriage is not an attraction of two souls,but a place for each other in their hearts.
Other aspects,well answered by experts.
SAINATH DEVALLA
(Expert) 19 May 2012
Dear Abdul,
Marriage be it in any caste,community or creed is considered to sacred and last as long as the husband or wife survive.But this system has been made a lifeless affair by both the sexes,with lack of understanding,superiority complexes, ego's,high handed behaviour etc.When we come accross queries stating that,we are married or 3 months or 6 months and are likely to opt for divorce.This gives an impression how marriage values are being dumped in the dustbin only or personal gains.The new acts or the amendements to the existing ones have made women more powerful and arrogant as far as marital life is concerned.Marriage is not an attraction of two souls,but a place for each other in their hearts.
Other aspects,well answered by experts.
