Nafees Shaikh 14 January 2025

Froud and blackmail case on wife

Hi, my name is Nafees Shaikh, and I am a Muslim. I got married on 1st May 2013. During my 8 years of marriage, I purchased a 3BHK flat but added my wife’s name to it. I also transferred my overseas earnings, totaling approximately 78 lakh rupees, to my wife’s NRE account on several occasions.

After leaving the Middle East and returning to India, I started asking for money since I did not have a job or any savings. All my lifetime savings were with my wife. She involved her family and started demanding that my name be removed from the property; otherwise, she threatened to file a police complaint against me. I was alone, as my parents had not been living with me for the past five years. We do not have any kids.

I have now filed a court case for fraud and blackmail. In court, she claimed she wanted to live with me, but I am scared for my safety and that of my family. She might file false police complaints and continue harassing me.

Now, my advocate has advised me to send a Talaqnama. My question is: can I send the Talaqnama and still continue fighting the cases of fraud and blackmail?

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Sathan 14 January 2025

Yes, you can send a Talaqnama and continue fighting the cases of fraud and blackmail.
Here's a breakdown:
* Talaqnama and Legal Proceedings:
* Independence: Filing for Talaqnama is a personal decision. It signifies an end to your marriage.
* Parallel Proceedings: Divorce proceedings and criminal cases (fraud and blackmail) are separate legal matters. You can pursue both simultaneously.
* Evidence: The Talaqnama itself won't directly impact the criminal cases. However, it might be relevant as evidence in the divorce proceedings, particularly regarding the breakdown of your marriage and the circumstances leading to the separation.
* Considerations:
* Legal Advice: Consult your lawyer thoroughly. They can provide specific guidance based on the applicable laws in India and the intricacies of your case.
* Safety Concerns: If you genuinely fear for your safety, prioritize your well-being. Consider seeking legal protection orders (like restraining orders) to prevent any harassment or threats.
* Documentation: Maintain meticulous records of all financial transactions, communication (emails, messages, etc.), and any instances of harassment or threats. This documentation will be crucial in both your criminal and divorce cases.
Disclaimer: This information is for general guidance only and does not constitute legal advice. Please consult with a qualified legal professional for advice tailored to your specific situation.
Important Note: In matters of family law and criminal law, it's crucial to have experienced legal representation. A competent lawyer can navigate the complexities of these cases and ensure your rights are protected.
I hope this information is helpful.