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Sudhir Kumar (Software Engineer)     28 October 2014

Iranian wife wants divorce; unrealistic demands

My Iranian wife of 12 years(!) wants divorce. Her reason is that we are not compatible. I haven't still been able to be at peace with this.

She is not currently staying with me and moved out 3 weeks ago, but is staying with yer younger sister, who is in India for studies.

At the beginning after she moved out, she demanded for money worth of 14 gold coins which is her meher (by Iranian-Islam law, which is supposed to be given to her any time she demands). She mentioned that the 1 Lakh rupees I transferred to her, and other expenses that I bore recently for her US visa interview trip, can be deducted and the rest of the money ( 14 bahareh azadi gold coins minus 1 Lakh rupees minus say 25k expenses) can be paid to her.

But now, she has stepped up her demand. She is now "requesting" for half my assets which according to her is half the worth of the plot that we bought earlier and is under my name. Though she "requests", she indicates that if I follow her suggestion, then her dad in Iran will initiate a divorce procedure which will fall under the category of "divorce with mutual consent" and then they will send us copies which can be signed by us, and used as a proof of separation/divorce. But then, if I do not follow her request, she says her dad will initiate another procedure instead, which will require me to go to Iran and be present in court and fight it out there.


According to the marriage certificate (and also mentioned at times by my wife),  if it is the wife that wants to quit, then she is eligible to the meher only. But, there are conditions under which the wife can still demand up to half the assets, and that is when the husband has demonstrated traits that aren't good (covered as 12 instances in the marriage certificate, some examples being desertion, misconduct or harmful association, etc.).

Now, I am fearing that if I do not abide by her "requests", she and her dad might wrongly frame me under one of the 12 instances, and put me in trouble.


I need some good advice that I can handle this situation right. Expecting a quick and valid response.

We haven't registered our marriage in India. The marriage was registered in a lawyer's office (who is eligible to conduct marriages) and in the presence of a religious head, with the immediate family witnessing the same.



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 4 Replies

Sudhir Kumar (Software Engineer)     28 October 2014

To add more:

We do not have kids. There is no medical reason behind that. We only wanted to wait till we actually settle down is life.

Also, as part of her "requests", she wants me to let her be in India, even after the divorce papers are ready. She is here on Resdential permit (owing to her marriage to me). Her permit will expire in September 2015, and she also wants to extend it a year further.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     28 October 2014

You have to fight it out in Indian courts but can out easily.

Sudhir Kumar (Software Engineer)     28 October 2014

Thanks for the quick response, Mr. Laxminarayan! Even if the case is initiated in Tehran, Iran, will it be possible to fight it out in Indian courts? Please note that we got our marriage registered in Iran (only).

Laxman Rao (Finance Analyst)     02 November 2014

No court will ever deny basic human treatment. I do not know about Iranian law, but if any judgement from Iran puts you into a trouble then you can challenge in Indian court. If you have to abide by Iranian court, then she also have to abide by Indian court. Justice must be equal. I am not legal expert anyway, but gone through international divorce and know a little bit about it.


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