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Khan000000 (executive)     29 July 2013

Divorce under tamilnadu registration of marriage act

Hello Everyone,

I have got married to a girl ir was arrange marriage as per muslim shariat got married in Tirupur district Tamil Nadu mosque,

Then I got the marriage registered cos i needed the marriage certificate in English. I am not sure under which marriage my advocate has registered i guess its Tamil Nadu Registration of Marriage under Tamilnadu Registration of marriage act.

I got my wife to hyderabad where i have small business and every time she wanted to go to her fathers place and we had lot of quarrels, She got preg and in 7th month of preg her parents took her to their place and a baby girl was born.

Initially they stated after 40days they will send my wife back, then they said after 3 months, then its 5 months now when i call her she says she doesnt want to be in joint family so if i keep her saperately in hyd they will send her or else she will live at her fathers place and she doesnt want to give divorce to me.

Few big people in village counselled her then she said my home is small and she cannot live, then she change the reashat after ramzan she will come back, then she says her health is not good once she recovers she will come back.

I have tried my best to get her back but everthing went in vein, her father went to few of our relatives and said if we dont keep her saperate they will file dowry case and many other cases.

I had to go to a lawyer and told him the entire scenario he said he will send a notice to 1.her,2 her father,3 jamat muttavalli,4 out jamat mutta valli.

we have sent the notice 4 copies to above mentioned people and it stated that the girls father has to respond immediately once they get this notice and send his daughter back to me. its been a week they received a notice and they have not responded.

In these few months the actual attchment what i had with my wife has turned so bitter that i dont want to live with her any more. My advocate says if i say ths they will ask for maintenance and am not so rich. 

They r so stubborn that they wanted to send back my wife as they wish and they have also threatened that if she come to hyd she will be dead. 

P.S. 1.They are in a mood to get my wife back to me after some time as per their wish. not responding or caring lawyers notice.

2.I am so disturbed that i dont want to live with such a girl who is not abiding to husbands sayings as per islam and who disrespects her husband and feels parents are more imp than me.

3.My lawyer says as per the notice sent he will file a case in court stating they have not responded that me they r accepting divorce and he will request for court decree to me that marriage is divorsed.

4. will my registerd marriage effect my shariat laws and is there any exception for muslim in court of law.

5.Am sure when judge will call her she will deny for divorce and will accept all the conditions but i know her personally she will just act in front of judge and create so many problems to me in future.

how do i proceed and get rid of her its high time i have to take care of my careed aswell as am very disturbed in these  cases am unable to concentrate in any thing.

Need as many suggestions and thanks a ton in advance its my life and career please help.



 3 Replies

Adv k . mahesh (advocate)     30 July 2013

already you had sent notice so wait for another 2 weeks and if there is no response file for RCR from court to order her to come to you and stay and if court also orders to stay separetly means you have to stay as in your words you said that she has a fear of her life and she may create the same story before the judge and convince them

Khan000000 (executive)     30 July 2013

Thankyou for your reply sir,

In the notice it clearly stated that if you dont come back as soon as u receive this notice in hand my client will file a case and as per mohammadian law and my clients young age he will be entitled to marry anathor girl.

My Advocate says he will file a case in the court stating that the girl has accepted the talaq, as its understood cos she dint come back neither responded.

Now my question is if we file a case and court will call her for discussion and ask weather she accepts my talaaq, she will definately say no am ready to accept what ever my husband says and sorry for not responding and she will come back to me with different plans of torturing me.

I have already decided not to live with such girl but cant directly say no cos of maintainance charges how do i convince judge and what is the easiest and effective way to get rid of her.

Thanks

Khan000000 (executive)     11 August 2013

Hi All, After seeing my advocate notice she sent me a notice of 15 pages stating all false allegations on my family and says if I ask for divorce they wl file dowry case for me. Need your help am in problems and wanted to get rid of her ASAP. Also need a lawyer who knows Tamil Nadu registration of marriage acts as I got married in jamat and got registered in registrar office. Will this effect my muslim personal law and also will it stop me to get married again.

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