wife hiding at unknown place since seven months
Mohammad Yasin
(Querist) 06 July 2011
This query is : Resolved
I am 57 years old , Retired from a Bank in Dubai ,Muslim by birth , residing in Mumbai.I have two sons .1.Nasir aged 29 years with wife and two kids working in Dubai as a Bank officer.2.Sajid aged 25 years with his wife and one son residing in India in unknown place (hiding) , not proper working as he dreams for big money from odd sources. He is on Yahoo email , chat and mobile phone...After returning from Dubai (worked there for 30 years ) my wife aged 51 years stayibg in Mumbai in my flat in my name confortably.My son Sajid came to our flat with his family but when he saw us in better situation he and his wife planned to bankrupt us.They used my wife emotionally and made against me and tried to kill me on 05Dec2010 at 12.45 am while I was suffering from Typhiod and could not protect myself by their beatings and even could not shout or call any body to help me due to weakness and pressed my neck..They thought that I was going to die , all ran away with gold and money.They initiated false NC against me on 08Dec2010 at Kurla Police Station , however , police realized the truth upon cross examine and my sickness and they released me respectfully with warning to them.Despite I requested to come to matrimonial home and even Sr.Inspector supported to go back home but my wife did not agree and went to unknown place and disappeared without my permission and consent . She has given a signed note to Police that due to prolonged fighting she dont want to stay with me and want to stay with younger son.As they had intention to kill me for money and I did not know their hideout , I filed allegation on 23Dec2010 against cruelty in order to protect me and my interest.As I was in critical health , I tried my best to call her back to look after me but She told that She is waiting for my death and will come back to collect all my belongings upon my death.I requested via internet on Sajid s Id , sms , telephone calls but never responded.Even Police personals called them but they never cared or answered.I have all live evidences with me.Seven months passed she is run away and hiding to unknown place with son SAJID .She does not want divorce nor compromise but wants to keep me hanging and baseless blames.Now due to my age and care I want to get another marriage.As a muslim born if I do nikah then what she can do or create difficulties or claim on me? As she is not answering telephone call and missing how I can get Divorce?
Raj Kumar Makkad
(Expert) 06 July 2011
I have read your story in details 2-3 times and have found the allegations more than sufficient to seek divorce from your wife. You should engage a competent local lawyer dealing with such type of matters and should follow his guidelines. I am of the considered view that as per Mohammadan Law you shall definitely be provided divorce and you can also get married for the sake of your deteriorating health.
Mohammad Yasin
(Querist) 06 July 2011
Dear Mr Raj Kumar .. Your immediate response is highly appreciated.However , 1..what will effects (any claim from her or maintenance in future for life time or share in my personal earned cash and property )on me if I do Nikah with another lady without Divorce to her as she is hiding and will never come to the court.
2.. what will effects (any claim from her or maintenance in future for life time or share in my personal earned cash and property )on me if I get divorce from the court in her absence.
Advocate Rajkumarlaxman
(Expert) 07 July 2011
In her absence court cannot give divorce immediately. under muslim law you have to as you know give talak to break that marriage. but definitely you have good grounds for divorce. i read your complaint to police what is their version on this complaint i mean your dlaws and sons Asha, and Mrs Rajshree what is thier stake in this picture
prabhakar singh
(Expert) 07 July 2011
As a muslim born if I do nikah then what she can do or create difficulties or claim on me? As she is not answering telephone call and missing how I can get Divorce?
ANSWER:
I have through all word by word,its very sad but....
have opted to take up only what you sum up to know....
being a muslim you can marry 4 at a time ,hence the second marriage you desire is not barred by law.But only God knows how the second one will behave.
As regards to divorce of the former wife absconding with out address......
TALAQ(divorce)in muslim law by the husband can be either ORAL OR IN WRITING.
As she is not available you can not proceed
for oral one as communication dispute may arise,so better take the help of a KAZI,and get prepared written talaqnama in presence of KAGI and a witness also,addressed to your wife,and comunicate it on email address you have as well as get it published in news papers of all languages having larger circulation and also in govt. gazzette.
Mohammad Yasin
(Querist) 07 July 2011
Dear Mr Rajkumar , Thanx for your advice.police respected my allegation and sr Insp. assured to asign somebody to investigate , however , no revert during six months , Thats why I reminded them after three months but not actioned seriously.I sthere any time frame where allegation get invalid or void ? do i need any further wriiten follow up ??
Inlaw of my son trying to comporomise while sons Asha looking for monetary interest by spoiling my wife and teaching her baseless blames to be put on me.Mrs Rajshree (from Mahila Mandal) was trying to compromise.
Mohammad Yasin
(Querist) 07 July 2011
Dear Mr Prabhakar , I am impressed by your perfect professional advice.Only now my concern is that if I marry can she complain in police station and police can trouble me ?? or what precaution can I take to minimise the risk?
Thank you very much for your valueable time.
