On 4-8-09 I pronounced thus to my wife in presence of witnesses:"If You go to anybody's house here(Mohalla),that is Talaq on you." She violated on 5-8-09 and On 7-8-09, I conveyed to her that she is divorced {Contingent Divorce}.She said "I dont accept"."When period of retreat (03 menstrual periods) finished and I didn't retreat, the divorce became irrevocable. She refused to leave the house and her maternal relatives who had brought her up, educated and married her, 'posed' to disown her. Her father and mother had already disowned her after her birth, a fact which was not disclosed until after marriage. In Nov.,09 I approached the (Qazi) of Shariah Court who decreed that divorce had occured & reunion was possible through re-marriage, otherwise the only son, born 18-10-204 would remain with divorcee till his attainment of the age of 07 years. She did not bother. On 3-01-2010, I filed a petition in the same Qazi’s court requesting to summon her, her maternal uncle etc , who married her to me and order her to shift to her maternal uncle’s house with whom she lived before marriage. Summon to attend the said court on 9-1-2010, was issued to her only. On 9-1-2010, she along with her two distant relatives and I along with my brother attended the court. The Qazi heard the case and explained her position after the divorce, appointing my brother and one of her relatives present as mediators to forge a reunion, announcing the next date of hearing as 8-2-2010. After that the Qazi under the influence of the other party did not hold any hearing despite fixing dates verbally and assuring to summon her maternal uncle to the court. I personally met him on 15-5-2110, submitted another written petition to him on 21-5-2010, sent postal telegram to him under registered cover on 19-7-2010 and faxed another petition to him on 4-10-2010,but of no avail so far. Owing to the presence of my minor son in my house, and my law abiding nature, I have been maintaining both my son and the divorcee even after the end of the period of retreat (IDDAT) though maintaining physical and s*xual separation from her in my house and cooking separately for myself. Please advise me how to resolve the issue, retaining my son and cause her to go to her ancestoral house. And how should I respond to the Qazi who has cheated me in broad day light with impunity?, Where can I register a complaint against the Qazi. What is the role and importance of a Qazi in the legal system in vogue in our country particularly in J & K, which has its own constitution apart from the constitution of India?
