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IK   29 April 2015 at 18:02

Divorce under muslim marriage law

To
Legal Experts

Sub:
1) Divorce under Muslim Marriage Law
2) Marriage taken place at Andhra. Boy is from Karnataka & Girl is from Andhra
3) Both families residing in Saudi, (the boy family & girl family) The boy is working.
4) Daily she tortures with cruelty on the boy for money and property
5) Girl not at home went away taking her belongings and our money which was kept at home.
6) Wife and her relatives harassing the boy and his family members.
7) She ill-treat boy’s family.
8) She is also suffering from ovarian cyst/tumor and unable to get pregnant.

I am Mr.I.KSyed citizen of India and origin from Karnataka state, working in Saudi.

I have some queries and require legal advice with Citations and Judgement from you. It would be highly appreciated in this regards.

Matter:
We are muslim by religion and origin from Karnataka state. This is regarding my son who we arranged a marriage to a girl from Andhra Pradesh.

Both boy and girl families are staying in Saudi. The marriage had taken place in Andhra because of her hometown.

The marriage was solemnized in presence of khazi, witnesses and relative & friends.
Now, from the day of marriage the girl started to show her cruelty towards the boy and always tried to show herself in arrogance.

This shows that she is not married as a wife or daughter-in-law. Her intention shows that she just wanted our money and property.

Without any proper reasons, she blames, becomes angry and abuse the boy as well use vulgar words to boy’s relatives. She wanted break household things.

We are fed up of her and her relatives behaviour. Once after marriage even her father mother don’t talk to us in proper manner. It shows they intention is bad.

The marriage has been just 7 months. The marriage formalities performed in proper manner as per Muslim Shariah law.
From past 7 months of torture mentally and physically arrogance towards the boy and towards us.

Also Now its been 7 months and still she did not get pregnant. So, boy’s mother called her mother and taken the girl to the doctor for checkup. The lady doctor checked thoroughly scans, blood test, & other test. Then we got the medical report as she is suffering from ovarian cyst/tumor. That’s why she is not getting pregnant. Doctor prescribed treatment which is of long course.

Our family was shocked and boy is completely disturb because this is the part for giving birth child. But we were silent and left it on God.

But on the faces and behaviour of the girl & her parents, it is not at all upset as if they knew it earlier.

Now, after few days she started targeting my mother and brother. Because we came to know her illness, she started abusing all front of the boy. Even she shouts loudly at boy’s mother.

The boy get upset daily because of her cruel attitude. He has work office. Whenever he is back home, he feel his life is in danger with the girl.

One night she started shouting at the boy and called her parents suddenly. Her parents instead of consulting boy’s parents/elders, they barged into the house and started abusing the mother, brother and the boy. We were shocked due to their misbehaviour. And she taken all her belongings, and even huge money which we had in home. This looks like pre-planned. They even threaten the boy and his family. Even her father mother forcing the boy to give Talaq to the girl. The boy went away without responding to the forceful pressure.

Now, still 7 days she is not back. Now, even we are fed up with her ill-treatment cruel behaviour. She got married with only intention to get money and property in India. So, the boy and his family don’t want her again. And she left our house without our consent.

Now the issues:
1) What will they do to the boy and his family
2) What is the Procedure of Separation as per Muslim Law
3) We don’t want to pay her any maintenance or any kind of financial assistance.
4) Whether it is better to give Talaq from boy side or tell them to take Khula from girl side
5) If boy gives Talaq, will he be entitled to pay maintenance or give some property or any other demands.
6) If girl gives Khula, will the boy be safer side. Whether again he will be entitled to pay maintenance or give some property or any other demands
7) The boy is ready to pay her the Mahr according to the marriage agreement.
8) Now, both the families are in Saudi. What is procedure. Can we get separate here itself or should we be in India. Marriage was in Andhra. But we belong to Karnataka.

Please guide and advice regarding this issue.
Thank You

raj   29 April 2015 at 12:57

Consumer protection act case

Respected Learned Counsel,
I am A medical professional charged with CP Act and awarded to pay compensation to the complainant.I challenged this in State Forum as the District forum delivered the verdict without expert opinion.The Honble State forum reduced the amount of compensation and ordered accordingly without any expert opinion.I mentioned the same in this forum and some of the learned counsel advised me to go for the National forum.I did it accordingly.The Honble National forum allowed the petition and ordered me to pay the travelling expenses to the complainant to appear before the forum.I PAID the prescribed amount to the complainant in the presence of his counsel.
But neither the complainant nor the counsel for the complainant not attending before the National Forum.My counsel told me that the forum suggesting that i should go for the out of the court settlement so that they dismiss the petion.What to do?Pl suggest

BRIG SHYAM HANDA   29 April 2015 at 12:42

Point for commencement of limitation for convening trial

A formal inquiry was concluded with directions for disciplinary actions after due cognizance of offence and identity by the competent authority. There was inaction for complete one year. However when challenged due to violation of enabling provision, the said inquiry proceedings were set aside by High Court. Authorities were given two options to conduct inquiry as per law or frame the charge sheetwithout using any part of the quashed inquiry. There was further impasse for two more years. Authorities reconvened inquiry in illegal manner. Inquiry was mandated to give fresh findings but in the absence of proceedings since witnesses did not participate, it was endorsed no fresh evidence no additional finding and no additional opinion.
Competent authority referring to quashed findings and directions shifts the date of acuiring knowledge from Jun 2006 to Mar 11 and reiterated quashed findings of the previous inquiry without judicial approval. Trial commences on 18 Apr 2012. As per AA Sec 122 after 3 years of conclusion of inquiry trial is barred. authorities unlawfully advanced the date of commencement to cover their own inaction for 3 years. Can they be legally permitted and under such circumstances what will be the commencement point to count stipulated 3 years.

sunil kumavat   25 April 2015 at 08:09

Cheque bounce 138, cheating

Resp. Sir,

i had invested some amount with a Investor he was giving me return on it for few months, and given cheque of principal amount as a security. Now he has some problems so he is not giving me return as well as principal.

i have deposited the principal amount cheque in the bank and it is returned due fund insufficient. there are many persons to whome he has done cheating. what should i do ...


1) file an case in local police station 138 cheating.

2) file a case in court

Anonymous   17 April 2015 at 12:12

maintenance of a muslim wife of an ex serviceman

one of my sister named kulsuma begum was married with a serviceman of assam rifles. One year ago her husband has taken volunteer retirement and after coming to the home inspite of being his first wife kulsuma begam alive he remarried and started to torture his first wife. She tried her level best to compromise but failed. Few days ago she was drove out by her husband from house along with her three daughters among the daughters one is matured. Now she is living in her father's housev
Now , sir please kindly guide her as which step would be most appropriate for her.and as her husband is ex serviceman and she is the nominee now can her husband change the nominee? Secondly as being the wife of an ex serviceman of assam riffles can she claim any relief from assam riffles

anandhiremathth   12 April 2015 at 20:00

498a:No evidence by wife from 2 years

Hello everybody.
My query about subject matter is:
My friend's wife filed 498a on 8th mar 2013. Within ten days got bail for every body.Now from mar 2013 till now his wife not even completed her evidence. She is giving nice reason to drag the case.
What happens if he request high court to quash the case.
He has few supporting documents to prove 498a is false.

koka vikram   12 April 2015 at 10:45

498a, DV

Sir ,
My parents are threatened by CI and my sister in law in police station to settle this matter for hufe money otherwise CI warned you ll be charged with many cases 498a , DV and some other acts . Wht is the possibility to file as many cases . Even my father told to file case but CI not filing and threatening for settlement wht to do in these circumstances

Member (Account Deleted)   12 April 2015 at 10:36

To add a missed document by revision/appeal petition

Sir/Madam,
High Court has delivered judgment against me to my civil (land partition) first appeal in one month earlier. I missed to submit one land evidence document in High Court earlier this case. Now like to produce the missed document in High Court. If I submit the missed document, case may be favour of me. Hence, I would expect your kind advise to my query.


1. May I submit the missed document in same High Court by file Second Appeal/Review or any other civil legal procedure?


Thanks.
Priya

MUKUND KUMAR   14 March 2015 at 13:38

Muslim divorce issue

Hi, I am doing revenue practice and I have got a query from my revenue client. the matter is his wife is living with her parents at kolkata and not ready to come where his husband is living and working (gujarat) for about 6 to 7 months. Even after many efforts she is not ready to come to gujarat. Now husband is willing to give divorece. So can on basis of reasons a muslim husband can file case for divorce decree or what are the reasons /basis a husband(muslim) can give divorce.



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