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kais (Software Engineer)     06 May 2009

Need help

Hi All,

My self Mohd. kaisuddin. I am software engineer.My wife is class 1 officer in goverment job. She harrase me and my family with the name of police. Is there is any provision law that male can take a devorce.

Please help me to take  Devorce from my wife.



Learning

 8 Replies

n.k.sarin (advocate)     06 May 2009

Mr.kais,Tell me what is the religeion of your wife.whether the said marriage is a love marriage or arrange marriage.Answer of your query is depend on  law which is applicable to your marriage.

kais (Software Engineer)     07 May 2009

Thanks to reply,

I am muslim and my wife is also muslim. it is arrange merrige.

 

 

kais (Software Engineer)     07 May 2009

And Most important, she is judge.

kais (Software Engineer)     07 May 2009

I need divorce in court.

Because she is magistrate and we have 4 month kid.

If I divorce her, then

  1. she put us (me and my family) into jail with false allegation.
  2. she demand sharing in my property.
  3. she demand monthly expenditure for her and kid.

 

I am afraid because I can’t go to local police and court because she is in a big post.

And there is no hearing of male.

A W K Mecci (Advocate)     07 May 2009

Dear Mr Mohammed Khaisuddin,

Since both of you are Muslims, you are governed by Mohammedan Law or Shariat.  No need for you to obtain divorce through Court of Law.  You follow what has been followed traditionally.  Don't bother about your wife's status, once she is divorced as per Shariat, she her options will be restricted.  Just because she is a class I officer or magistrate or judicial officer, law will not change of her. 

As per Shariat, once she is divorced, she will have no share in your property.  She can claim maintenance only during the period of idat and not beyond that.  The recent judgement, the Honourable Supreme Court has ruled that status and earning of women needs to be taken into consideration while allowing maintenance application. 

You are liable to maintain the child as per the Shariat, if son till he reaches adhulhood and if a daughter till she is married.  If the child is a boy, you can get his custody on his completion of 7 years of age.

If you think the marriage is not sustainable with all efforts in that direction, you have to option to divorce your wife as per Shariat.  Immediately, thereafter, you obtain an anticipatory bail.

I suggest, you consult an advocate who is well versed on Mohammdean Law and Criminal practice.

Good Luck.

A W K MECCI, Bangalore.

 

 

kais (Software Engineer)     07 May 2009

Thanks to all for given me the valuable advice.

What my life will turn, I will inform you....

Thanks a lot

Prabhat Kumar (Advocate)     08 May 2009

So far as grounds of divorce are concern, the same are available to both husband as well as the wife.


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