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Md Ibrahim (AM)     12 August 2011

Rcr can be filled in muslim marriage

Dear All,

Require your precious advice for getting anticipation/relaxation from 498A,

I used to stay 500km away from my parents along with my wife. My mother used to take care of my father (old age) & college going sisters.

After my demise of father on 30.11.10, I got transferred to my home town on 18.12.10. Before completing of my father's funeral rituals she left our home on 08.1.11 without my concern & my mother's permission.

I made a lot of attempts to maintain my marital relationship with my wife orally (she did not turned up)

I also sent her a registered letter for any issues to clarify. After 1 month my wife & In-laws stated that I & my mother tortured my wife & did not offered food for 10 months.

I sent 2 persons for reconcile but THEY DEMANDED ME TO STAY SEPARATELY FROM MY WIDOW MOTHER & SISTERS, then only they will send my wife.

And also stated that I am impotent. They extorted my persons saying that they will kill them & me.

From that instance i did not approached them for reconcile & talked to them over phone.

I have come to 1 conclusion to relieve her permanently by submitting MEHER.

I am scared that they might file a case FALSE 498A against me.

I just wanted to know whether taking FATWA from my personal law will pay me any relaxation from 498A. I also have FIR copy of lodging a case for extortion calls & letter what I have sent to her.

Kindly guide me in this regards please.

CAN I FILE RCR AGAINST MY WIFE IN COURT OF LAW & SEEK DIVORCE FROM HER. is it possible in muslim marriage act/law. is there any possibility



 2 Replies

N.K.Assumi (Advocate)     13 August 2011

Yes, the husband can file rcr and also the wife can file rcr against the husband. However the right is not absolute right. But, it is the fudamental Principles of all the matrimonial laws that, one spouse is entitled to the companionship and consortium and comfort of the other.

N.K.Assumi (Advocate)     13 August 2011

Yes, the husband can file rcr and also the wife can file rcr against the husband. However the right is not absolute right. But, it is the fudamental Principles of all the matrimonial laws that, one spouse is entitled to the companionship and consortium and comfort of the other.


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