Divorce under muslin law

As you said, divorce was already effected under the Mohamaden Law. Then, the section 498(A) IPC will not attract.  Other case is concerned,  you can approach the appropriate Court either to quash the FIR or to defend the case.

Thanks for the reply....

She is educated, graduate in computers, capable enough to earn for herself....earlier also she was taking tution. will she get any sort of maintenance. Also it was very short duration for which she has stayed with me...............their sole intention was to harass us, take money from us, for which they have done the marriage.

Also they have sent the girl forcefully after divorce with intention to harass us & ask for money from us, for which we have already registered FIR against them.

Regards,

Dear Querist

you can file a criminal complaint against them u/s 383/384 of IPC for extortion

I would like to clarify that though you have divorced her, still she can file umpteen number of cases against you namely u/s 498a, DV act and maintenance u/s 125 Cr.P.C.   You cannot stop her from going ahead with her decision if she had decided to torture and extort money by all types of illegal way using women biased laws in her favor.  You can secure the evidences against her and also against her background due to which she is playing all these mischief against you, it will be helpful for you to go for quash  of the cases before the high court in case she intentionally files all these false cases against you.  Make a complaint against her father who is putting pressure on you on such issues using his employment influence, with his higher authorities.  If you have decided to challenge then donot pay her any money even outside the court or if you want to get rid of all these trouble once for all, you may negotiate the amount and settle the issues permanently, choice is yours.

Thanks for reply sir,

she has hardly stayed with me.......then she was divorced. later once divorce was done, she & her family members have forcefully entered in my parents home........& registered chapter cases...where we have already filed cases against them & hit my family members...one of them was admitted civil of which MNC No. is there from hospital ..... which we have register FIR....we have given application to SP of both district...Also case of 452 & 395 are register ......when they entered our home forcefully, and harassed & taken things..........i have recording of the girl was having no problem with us.when she was leaving & later when she was at her residence. Outside he is asking for large sum....which is not justified.

Regards,

Do not budge to the pressures o the greedy persons, the law is in your favor challenge all her moves.

Thanks sir......

How should i approach the case? In 498A they are putting names of my relatives who do not stay with us or stay outstation...........or very elderly 87 yrs of age. What should be done to quash false case like this? Also about the maintenance, will she be able to get any....if these cases are proved false.

Pl. guide.

For the senior citizens, first of all obtain dispensation of appearance u/s 205 Cr.P.c. and then go for quash.  For quash petition , you can go for quashing the entire case itself.  Maintenance, ask your lawyer to strongly challenge the case based on the evidences in your possession against her and her father.  Do not ever budge to their pressure and go for a compromise because it will weaken your side.

Dear Mohammad,

There is a Supreme Court Judgement that divorce before a Mufti is not valid under law until you secure the same from competent family court. So, she will treated as your wife for all purposes until you secure divorce from competent family court. The other formalities and legal notices will be useful to prove your case that both of you are living separately and you have no physical relation as well as you are not even on talking terms...Keep the legal notices, if you anticipate that the police will book a 498A case, then better a complaint to the concerned Superintendent of Police anticipating 498A and enclose the legal notices and inform him that either you or your parents have not committed such offences and seek a direction to the local SHO not to arrest you upon receiving such complaints without enquiring into the facts of the case and also enclose your employment ID card to show that you are at work place. ....

Dear Sir,

Thanks for writing.

For this divorce she has right to challenge which can not be sustained. I am yet to find a case where in divorce taken under Muslim personal law board i.e. Central Wakf Council, as this divorce, which are done by sending three legal notice, where in it was communicated to girl by notice, and she did not object to the same. is not accepted -  these are upheld by the court. This is not just as per sharia, where we just say 3 talaaq. This is very much valid for Muslim marriage act, also accepted under IPC, just we need to put our side strongly. Also the evidences which i carry will help to quash this case. What i feel if we stand & put correct stance, we will have little trouble in starting, but later on,  with these facts we can ask for penalty & also sue them for harassment. There are recent judgement which have punished the female party for filing wrong cases & trying to extract money.  As this law is one side, we need to be prepared & collect all the fact like all expenses which were incurred, receipt to support ourselves, other important thing like track what has happened....also giving background of families...as other party is already having criminal background...record of the threatening. Also they already have IPC 395 & 452 cases registered against them. So i do not feel scared for this, just need correct guidance so we can bring justice into the system.

Request expert to correct me if i am wrong & guide.

Many thanks