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498A,DV and others section

(Querist) 23 October 2015 This query is : Resolved 
Dear Sirs,
I got married on September 15, 2013, after 40 days she went with her brother as a custom. She is LLM, she joined law college at her parents area and didn't returned. Reason she wanted separate accommodation however she never told me before. In the month of April 2015, I got information that my wife submitted a complaint, after personal meeting they submitted settlement affidavit. My wife didn't returned and again after two months they started threatening, I again visited alone to pick up but refused and she demanded talaq and her family demanded 5lacs. There was many calls for money and talaq. Early I was afraid of it but when I denied to complete their demand they threaten to lodge complain their last call was on September 18, 2015 after this there is no update no extortion call from them. Complaint is false.
My queries.
Why they are delaying matter, what is the benefit for her of this delay.
I have already inform them that if girl wants talaq they may take khula and I'm ready to pay her Maher and iddat amount. However, she has my jewelries which took without my consent.
Her brother denied to follow the shariyat, said that they want 5lacs.
There no force from my end for talaq, even Im ready for separate accommodation for her.
I have also returned her belongings through movers n packars as per their demand, payment part had shared between us.
T. Kalaiselvan, Advocate Online (Expert) 23 October 2015
Just do not budge to her pressures, let she file any complaint or any case. If tshe has deserted you on her own but demanding money for getting separated, you better stick to your offer alone, in fact you don't have to even go for talaw, if she wants divorce let she approach court of law seeking divorce under section 2 of Muslim marriage dissolution act, 1939.
Dont be worried about her silence, just be calm and watch the developments.
Sudhir Kumar, Advocate (Expert) 23 October 2015
Not understood what do you mean

However, she has my jewelries which took without my consent."
Sudhir Kumar, Advocate (Expert) 23 October 2015
come with full facts as to why she does not want to live with you. (obviously since you are Indian Husband you and your parents are not blameworthy) but atleast elaborate her blames.
irfan (Querist) 23 October 2015
Sudhir Sir facts are complete I have comprehend it in short. Reason is not disclosed for talaq. She claimed that I offered her to stay in one room house and was always talk about affordable limitation. She don't want to spent life in like that, she married to a middle class man not poor one.
Before marriage she was aware that I'm salaried person and Mumbai is expensive place to stay.
Nothing wrong happened during her stay at matrimonial house even my mother use to make tea and food for her since she was newly married bride.
I'm ready to fight case becoz all allegations are false and she involving innocent peoples in her complaint. But my concerns is that when I denied to complete their money and talaq demand why they are delaying the complaint? What is their benefit in delaying the complaint?
irfan (Querist) 23 October 2015
T. Kalaiselvan Sir thank you for kind and valuable response.
Rajendra K Goyal (Expert) 23 October 2015
Explore the possibility of talaque from you as per your personal law if she is not ready to join.
irfan (Querist) 23 October 2015
my concerns is that when I denied to complete their money and talaq demand why they are delaying the complaint? What is their benefit in delaying the complaint?
alexander (Expert) 23 October 2015
.Normally it is the girl in a Muslim marriage who lives under the proverbial Sword of Damocles of the the dreaded triple "T" word

First of all try and find out her legitimate grouses/ complaints or difficulties and address them sincerely.After all she is a student of Law and a well read and a reasonable person.She is bound to be reasonable and amenable to a reasonable solution of problems. Give in to all her reasonable demands without a second thought. Whatever you may spend is only for the happiness of your family. Try to win her over anew and live happily. This would take time for the past wounds and hurts to heal somewhat.

In the last extremis you could drop a subtle indirect hint that your religion permits 'four' at any given time and if driven to a corner and left with no choice whatsoever you may have to consult your elders and the respected Maulvi to excercise that option.
K.S.Srinivas (Expert) 23 October 2015
I agree with Sri T. Kalaiselvan.


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