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Arif (Software Developer)     28 April 2013

Divorce with out husband's consent

 

I am a muslim boy, married 6 years ago and have a 4 year old daughter. I lived happy for two year until my Father-in-law had financial troubles. He fooled my wife and sold all my gold without my knowledge. He is a egoistic person, he does not want to admit his guilt, so Before the truth prevailed, he convinced my wife that he will septate me from my parents and registered false dowry case against all my family members. He then prevent me from going abroad and tried to extract huge amount of money for closing the dowry case. But with the grace of GOD, his plans did not work out as we got Quash from High court.

 

From two years my wife is at her fathers home and he is trying every effort to divorce her and gain financially. I have been in constant touch with her and she was willing to come to me as soon as I return India. She is immature and blindly follows her dads orders without questioning from childhood. She belives her father cannot do harm to her.

 

From six months, I have not spoken to my wife or daughter. Now My Father-in-law is demanding divorce(Qula) from me as he wants to remarry her daughter, and threatened me that he will take divorce from Sharia Commette if I refuse. He also says that my daughter will stay with her mother and step father and he does not need any maintenance from me.

 

I hope to save my marriage and I am worried about my daughter's future. 

 

Please study my case and let me know

1. How Sharia commette can give divorce on my behalf and Is there a way to legally challenge such divorce.

2. If my wife happens to remarry, can she keep my dauhter with her or she has to give to dauther to her mother?

3. If my wife happens to remarry, can I(or my mother) claim custody of my daughter?



 2 Replies

UDAYAGIRI MALLIKHARJUNA RAO (ADVOCATE)     28 April 2013

1.if they where file a divorse petiton on the ground of the ,

                    both are living saparately from two years. it should not be proved because you are talking with your wife before 6 months so. you both of you not having the physical attachment but both are having the psychologicall or mentally. you must convence your wife. and told about the future life of the your daughter. according to the fundamental right , with your job you are living far so are not meet to your wife. for small adjustments both are keep some distance. noproblem if you convence your wife. 

2. if your wife was not interest to live with you.  you have the right to get your daughter from your wife.

Tajobsindia (Senior Partner )     29 April 2013

  1. She has to follow procedures under personal Laws to get divorce from you. If procedures correctly followed she ends up divorce and if not it opens gate for challenge.
  2. You can lay claim for custody of your child without divorce or during divorce and also post divorce, the choice is entirely open to you under a specific secular Act.

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