Wife threatening with dowry and domestic violence cases
Saleem
(Querist) 20 October 2018
This query is : Resolved
Hi All, I got married around 7 months back according to muslim culture. I came to know about my wifes affairs around 2 months back. I questioned her abt this. She refused saying all this as rumours. she went to her parents house and started living with them. Now she is threatening me and my parents with false dowry and domestic violence cases. I have a phone recording in which she has clearly said that we have not taken any dowry. Will this help me, if she lodges false cases against me. I am planning to give her divorce according to sharia law. I am sure she will lodge false cases against me. Can you please advise.
KISHAN DUTT KALASKAR
(Expert) 20 October 2018
Dear Sir,
You immediately give divorce as proposed. If she files any FIR or DV case then approach the HC and get a stay order. The other procedure are as follows as per Muslim law.
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Divorce Under Muslim Law
Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.
Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.
But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.
Divorce by husband/wife
A Husband may divorce in the following manner-
1. Talaq: which is release from the marriage tie immediately or eventually.
2. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.
3. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.
A wife may divorce in the following manner-
1. Talaqetafwiz: talaq by the wife under the husbands delegated power.
Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939
Following are the grounds on which a marriage may be dissolved under the Marriage Act.
1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.
2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.
WOMANS RIGHT TO DIVORCE UNDER THE DISSOLUTION OF MUSLIM MARRIAGE ACT. 1939
A Muslim woman may file for divorce on the following grounds-
1. That the whereabouts of the husband have not been known for a period of 4 years
2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.
3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.
4. That the husband has failed to fulfill his marital obligation for a period of three years.
5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.
6. That the husband was impotent at the time of marriage and continues to be so.
The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.
Triple divorce
Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.
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sachin sharma
(Expert) 22 October 2018
As far as filing false case is concerned, anybody can file false case on anyone. How he/she will prove his/her case is a different thing. So, better option is either speak with her in the presence of both family's elders. If she is not ready to live with u get divorce by mutual consent. Otherwise you will have to spend several years in contesting divorce case and chances are 50:50. The worst thing with Indian Judicial system and Judges is that they do not consider the Crpc 195/340 application (against filing false case) when the case of wife is proved false.
Dr J C Vashista
(Expert) 24 October 2018
Still premature and apprehension whether she will or will not file any case.
Let her move to police / court, engage a local lawyer and contest.
