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abdul sattar patel (prop)     24 November 2013

Divorce

hi mam i got married four years ago and have a three year old daughter. my wife ran away from my house on 18 oct with her boy friend and came back on 26 oct she told me that she does not like me. for the past one year she was ignoring me and my daughter and not looking after my family she always use to fight with me and ask for a divorce and tell that live me and i was not knowing that she has a boyfriend and my in laws are telling that you come and take her to your home but my parents are not accepting her as she was with her boy friend and i came to know from my relative that she is not willing to come back but her family is forcing her and for the past one month she has not called me and ask about her daughter also and when she left home she told her mom that she wont come back and do not try to find out her where she is but with the help of police and cbi she was traced in hyderabad and arrested and was brought to mumbai as i filed a missing complaint and my in laws brother are telling that her mom was knowing about her affair and did not inform as there reputation will come down but know she was red handed caught with her boyfriend and know i want to do a second marriage can she take a legal action against me because i need some one to look after my daughter and my laws are telling me that as my financial condition was not good she left home and they are telling all relative and in our community that i was physically abusing her and not providing her enough food but i want to tell you that my income is good i have my own car house and shop and very well settled buisness and at the police station i asked her that do you want to come she told no and she was not worried for her daughter also as know what should i do as one month is over till know and as muslim i can marry but she cannot as she has to take a divorce and wait for a period of three month for another marriage but there is no reply from my in laws till today



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     25 November 2013

As per Muslim personal law/Shariat law, a muslim male can marry upto for wives without divorcing the earlier wives without assigning any reason for all his marriages and in your case you have a strong reason that she has fled your home to live with  some one in adultery, this is enough for you to pronounce Talak for 3 times and divorce her at once or even without divorce also you can marry another female of your own community/religion.  Why worry about the one who is not interested in continuing her married life with you anymore.


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