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Mohammed khan (SEnior officer)     08 August 2013

Need help on 498a,please advice

I was married on 03-11-2011 and have one child of around 1 year, it was a fully arranged marriage and everything would be discussed in between my elders and her elders. after engagement we started talking  to each other and decided that after marriage we would be stay with my parents home only (I dnt have any separate home nor have money to buy) and she will not any job too.

After marriage with in  a week things changed , my wife wants to live separate she wants to do job in Air india -delhi and am mumbai based, she also wants to settled down in delhi ,One of his friend  works in air india delhi office so he wants her to work with him in air india delhi office,  he once gave me a threat , even death threat verbally ,I dnt have any proof her father fought around 14 cases in court so she is well prepared.  Now she is at her parent’s home which is near to delhi.

She ended talking to my parents even me so actually she is no where interested in marriage. she married just to get a tag of it. i cant explain  everything but she is just  living  with me with no interest

Please advice now I want divorce but fear of 498a ,compensation case and child custody too, I am earing around 45 k but fear of court  may grant half of my salary to her, me and my parents have no issue of fear  in initial police arrest in case of 498 a ,we prepared ourselves for this. We are right ,done nothing wrong but fear of compensation and court may grant child custody to her.



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 4 Replies

adv.raghavan (Advocate,9444674980)     08 August 2013

if ur marriage had been consumated under muslim law pls follow the  procedure ,you can go to a Kazi/masjid imam or WAKF BOARD and tell that you have given 1 talak to your wife and the kazi can issue you a TALAK NAMA and that is LEGAL divorce for muslims.  make sure that you give your wife mahar in BANK cheque format dont give cash.

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Mohammed khan (SEnior officer)     08 August 2013

Can they charge us against 498a?what about the compensation ,i think sec125.

adv.raghavan (Advocate,9444674980)     08 August 2013

if they file 498a, go for ANTICIPATORY BAIL, and if she file for maintanece, u said is alreay working for airindia, then where is the question of asking for maintanence,is she educated? there is no need to accept what she claims we can very well for appeal about the maintanence amount referred by the court. donot jump the gun now itself, wait for your turn and let things unfold so that we can take a call.

Mohammed khan (SEnior officer)     20 August 2013

Thnx raghavan sir,  but she is not working right now


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