Wife seeking divorce
Saira Banu
(Querist) 14 August 2018
This query is : Resolved
Muslim wife left 2 kids 10 and 12 yrs old and ran away taking all jewels and her certificates to her parents home in 2010. Husband was living with wife and 2 kids for 15 years abroad and had no job after returning from abroad and was forced to take care of the 2 kids without job. Husband married another woman to take care of the kids after the kids pleaded their mother to return and informed her that father will marry if she doesnt return. Husband's mother and friends helped in educating his children and has a huge debt to pay them. Wife filed for divorce in 2016 to marry her lover. Currently in the Draft Issues stage in court. Wife working in school since 2010 and enjoying her life alone. Husband wants ACCOUNTABILITY on the part of wife for neglecting the kids future, dessertion, cruelty, failing in matrimonial duties towards husband and kids etc. Husband is willing to give divorce on following conditions:
1. Return the husband's jewels given at the time of marriage
2. Pay the school fees of children from 2010 to 2018 or Disown the children if not willing to pay
3. Wife's father to pay back loan given by husband's mother for the wife's neice marriage.
Husband hopes for a judgement keeping in view whether his kids should be married if the judgement will favour the wife without making her accountable. What will be the judge's decision if the husband does not sign the divorce if the conditions above are not met.
Please advise.
Vijay Raj Mahajan
(Expert) 14 August 2018
Judge is going to decide the divorce petition on the basis of pleadings and evidence of both parties, if there is an agreement between both than the matter is different otherwise all depends on the case file before the judge. No pre-judgment correct by any expert here in pending cases in any judicial court.
Kumar Doab
(Expert) 14 August 2018
Both have re-married and leading their life to their personal satisfaction.
Can't both sides sit and decide all personal issues, and liberate from past burden!
If yes, everything can be mutually settled.
This can be the best recourse.