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Juned A Harrased (Learner)     13 October 2014

Help on muslim divorce & 498a

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  Quashing of FIR and its grounds,

 Issue of Case Transfer, and Anticipatory and regular Bail and theirs grounds,

Arresting procedure under section of CrPC 41 in the lights of Supreme Court’s earlier Decision.

I am clerk in private school which is funded and recognized by state government. Being arrest may be problem me and for my job security and stability.  What will be appropriate and estimated cost for divorce decree.

Please tell me in this regards.

Thanks with Warms.

Awaiting for your positive response.


 3 Replies

Juned A Harrased (Learner)     13 October 2014

Adv Archana Madam Please give answer of my quries.

Adv Archana Deshmukh (Practicing Advocate)     14 October 2014

You do not need to apply to the court for divorce. If you have pronounced valid talak with all necessary formalities completed in presence of witness as per the custom then it is a valid divorce. The Dissolution of Muslim Marriage Act is for women who wants to obtain divorce from their husband and there is no provision for divorce by a man in the said Act.


The recordings you have in respect of admission of guilt by your wife, will be useful to you in case your wife files any criminal complaint against you, so keep them safe.


In case of your son, as he is only 3 years old you can seek visitation rights to meet him by filing a petition under the Guardians and wards Act in the court.


You can remarry now also, there is no hurdle to your remarriage as Muslim personal law permits a man to take 4 wives at a time.


You cannot prevent your wife from filing  S. 498-A or domestic violence case against you. You will have to fight the cases on merit if such cases are filed. Submit the evidence of divorce before the court, it will be useful to you if she files any case against you. If FIR is filed u/s. 498-A then you can seek anticipatory bail.

1 Like

Juned A Harrased (Learner)     14 October 2014

Respected Adv. Archana Madam,

It it a great help which is not expected by me so many thanks from the bottom of my heart. Near about all confusions are cleared. some are created by money eater lawyers. May almighty Allah bless you and blossom your career. You will be great lawyer of future dedicated to your profession. Thanks for your warms response.

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