I am Muslim. My marriage was solemnized on 20 May 2009 according muslim customs. But crisis came accross when My wife said me that she was unwillingly married with me cause that she had boy friend. Denying to s*xual relation for three week she want talak from me by saying that her boy friend is ready to marry her. She and her boy friend were talking on phone. So I gave her three times talak i.e. Irrecoverable talak infront of kazi of wakf board Aurangabad in the presence of two witness by mentioning reason internal conflict and disobedience on 16 June 2014. Maher amount was given on marriage time. Iddat (Maintenance) amount for three months was sent by MO. with Legal Notice of Lawyer. But both ware returned. One notice was also published in News Paper. And application is also forwarded to Mahila Takrar Nivaran Kendra for not giving her false complaints.
Meanwhile her boy friend denied to keep his promise. So she and her family threatening me and may family by saying me to get back her into your life. otherwise of false 498 a and DV. They are now at CAW Cell. One month time is now to register 498a .
Please give me detail guidance and what precaution can take.
1. Can I File Ex Parte Decree of Divorce. Whether my grounds are enough are not according to Dissolution of Muslim Marriage Act 1939. In this regard what can I do Better.
2. My working and living district is Jalna Aurangabad High Court Jurisdication. And she was living her father at Malkapur in Buldhana District that falls in Nagpur High Court Jurisdication. Please help me on Jurisdication Issue. Case Transfer. And where should I file for Divorce Decree.
3. I have her recording in my cellphone that she confess every thing about her past life and she want talak which I recorded on 16 June 2014 on divorce day. Whether It will be a evidence for my defense as her Cruelty in both Criminal and Civil i. e. 498 and divorce case.
4. Help me about my second marriage.
5. I have son of of three years. presently he is with her. What about him.
6. Tell me that applying for divorce decree will be beneficial for me. Or that should I wait for 498 a.
Please give me details guideline for my defense sequence that which step be should be taken by me firstly. And also guide me about Lawyer Selection