Imran A (IT) 19 October 2014

Divorce in case of muslim wife not returning to husband

Dear All,

I am Muslim Guy - 'Imran A' from Maharashatra, got married in the state of Tamilnadu to a Muslim Girl in February. Our Marriage lasted for hardly 2 months and she left the house citing Lies and putting non negotiable conditions. I've made all efforts under Islamic Sharia by reaching out to kazi of Tamilnadu state for counselling which yielded no result as she was adamant on her condition. I sent two legal notices through a lawyer and then also sent a personal note to her to stating I forgive her and asking her to come and settle back with me but she did not respond to anything.

Where do I legally stand now both in front of the Sharia and in Front of the Judicial/Constitutional Law. Its more than 6 months now that she has left me. Please help me with your highly valuable response.

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T. Kalaiselvan, Advocate (Advocate) 21 October 2014

It depends on what you want to do with her further under the given situations. Taking divorce from her is as easy as anything because you do not have to step into a civil court seeking dissolution of your marriage and there is no provision for that in the Indian law for a muslim male to seek divorce from a civil court of law, they can dissolve their marriage only through a Mosque or following the provisions laid down in the muslim personal law or shariat law. Therefore, since it is not even a year after your marriage,allow her some time to reconcile the differences and join you back, if your patience is not rewarded, you may approach your local mosque and proceed with Talaak formalities as envisaged in the Muslim personal law.