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Sm........ (SR. EXECUTIVE)     02 May 2009

Urgent Help required

If a muslim husband divorces his wife when she is at her maternal home can she file case under domestic voilence act or under dowry laws and whether she will be suceed in thease cases after divore given by husband ?? . Also note the fact that wife has earlier deserted the husband for more 4 months, but after reconciliation betweeen them he brought her back to his home, but due to regular quarrel between them the husband has taken this extreme step. Further the husband is willing to pay due maintenance to her and the Child.  


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 May 2009

when muslim woman is divorced she cannot file complaint under DV ACt.

Sm........ (SR. EXECUTIVE)     02 May 2009


what about dowry laws can she after divorced by husband, still file case under dowry law


Swami Sadashiva Brahmendra Sar (Nil)     02 May 2009

advice can not be given without concrete facts. whether a person will file a case or not , can not be predicted by a lawyer.

Saifullah.C (Advocate,Chennai)     08 May 2009

Asalaamu Alaykum Dear brother Sameer,  i have gone through your query. I am of the opinion that .If you divorce your wife in accordance with Shariah and which  is unchallenged by your wife then eventually she ceases to be your wife.Filing of cases under DV Act and dowry against you by her becomes infructous.

Sm........ (SR. EXECUTIVE)     27 May 2009

Wa-alykum as-salam Mr. Saifullah,   extremely sorry for dely in replying...

Thanks for your precious advice. 


Aarti (student)     30 May 2009

Hello Samir, Your question is really very nice but sorry to say that i have no idea about this. But, here i am suggest you divroce act books. I hope this will be helpful  you to solve your query.

Best of luck,

Sm........ (SR. EXECUTIVE)     03 June 2009

Please guide !

What is the legally correct method under Islamic Law (Hanfi Law) to "Divorce the Wife"

Brief Facts

When I use to away from home (during Office hours) My Wife has tortured (emotionally) my mother so much so that she has left the home even she had tried to commit suicide even.

Few months back my wife has deserted me (over trivial issue) and took away all the jewellery of hers and given by me.  She was there for more than 4 months when i gone to her maternal home to brought her back they humilated & insulted me so much so that I often thought of commiting suicide.  Her brothers had earlier (when she was at there home) threatened me to ruin my career.   At that time I did not what to Divorce my wife.  That time my lawyer had advised me to file case under Restitution of Conjugal Rights which i did not file.   

Now my mother has left the home and I do not know where she is now!  My Lawyer said if i go to police my wife may be arrested.  I have a  1 1/4  year kid (son) also.     Now she and my inlaws often threatens me that they will file  false case on me and my mother.  It seems after coming back she is showing hers true colours.  She and my in laws are taking me for granted. Instead of  made her understad they (my in laws) are threatening me with false cases.  Now again she is asking me to send her back to her maternal home.  This time I don't what to suffer the same humilation again at their hands, as per my lawyer filing of case under Restitution of conjugal rights will back fire me.   Now have I decided to Divorce my Wife.

I am willing to give her due alimony [ meher ) - meher - e- fatima) as per our marriage contract.  I am also willing to pay her the due maintenance.

Please consider the following facts .

1)  I had received marriage gift (house hold goods) after 8 months of my marriage and my In laws made me sign the list  of gift given to me.   (I having a copy of the same and  they have the copy signed by me.)

2)  The above gift items are worth Rs. 75000/-  (including jewellery) and I am willing to give her back all these items.  How can I give her back these items after divorce peacefully. 

3)  Please guide me how to obtain Divorce as per Sharia (we are govern by Hanfi Muslim Law).  Which should also be acceptable to the courts.

4)  Whether After giving her divorce shall i go for Anticipatory Bail. (as there is a chance of filing false case againt me.).  After Divorce there are chances of physical violence againt me.

5) As i am willing to per her the maintenance.  Can I  pay maintenance of  my own or she has to approch the court to get the same.

6) Lastly how will i meet my son  and whether I will be given custody of my son after seven years.

Your Expert opinion required...  Please help.








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