Javed Khan 08 March 2018

Divorce

my marriage is of 12.5 yrs and have 2 daughter of 11 yrs both. from day 1 my wife is very arrogant and now it is very difficult for me to continue with her. she make the atmosphere of my house very tense. my all the relative has stop coming to my house because of her. she always murmerring something against everyone. now My mother has Angeography last month. through I love my daughters very much because of them only I was continue stay with her.

now I want to know if I send legal notice to her for divorce once she goes to her home in summer vacations, she can file any false criminal case against me or my family.

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3 Replies

venkatarama krishna 08 March 2018

definitely..

Adv Radhika Mehta (Advocate) 09 March 2018

She can definately file criminal cases against you and your family. Therefore rather than sending an Advocate's legal Notice directly file a Petition in the Court.

Vijay Raj Mahajan (Advocate) 09 March 2018

How you should proceed for divorce depand on the religion under which you got married to her. If it was purely Muslim marriage between both of you Muslim couple than you as a Husband cannot go to Family Court for getting the Marriage dissolved by decree of divorce because that right exists only for the Muslim wife under the Muslim Dissolution Act,1939. As a Muslim husband you can proceed for Talaq through the Quazi according to set rule for the same prescribed by the Supreme Court of India. The triple talaq at one go has been declared null and void by the Supreme Court, so the talaq according to the rule set by Supreme Court will require giving talaq after interval of one month each time and the whole process to be completed in three months only.Followed by paying her complete amount of Mehar amount if not paid, Iddat period of 90 days begin after the final call of talaq for the Muslim woman.