181+ Lawyers are online 
Want to take divorce on ground of cruelty. She threatens to kill me.
10-Nov-2023 (In Divorce Law)
sir/mam i had married on 1-3-2015 since my marriage she had lived in my house till date for a month she along with her father and mother herassing me,thereatening to kill me, giving threats by goons,filing false cases to destroy my career cause i want to persue civil service . i want to take talaq on basis of cruelty how can i proceed with out they filing false cases against me. we dont had intercourse till the first 40 days and even after that by much force,she doesnt agree for intercourse. is there any rule that we should pay compensatition since we hadnt taken dowry
A muslim can give talaq by pronouncing triple talaq on his wife. Under Shariat, your talaq is valid provided pronouncement has been done in presence of witnesses and there is written intimation of the same to your wife. A valid divorce under Shariat can only take place in the presence of a Qazi and for the same Qazi issues a certificate. Qazi's certificate will be sufficient to validate the divorce. Although in recent times, oral or triple triple always get challenged in courts.
Further for valid divorce there must be concrete reasons for divorce, settlement of mehr (money given by the husband before marriage), maintenance during iddat (the three months of abstinence after divorce) and return of the wife's belongings.
Your wife can challenge talaq if no reasons mentioned for divorce . You will in such case have to lead evidence to show that talaq was given to her in presence of witnesses and her meher amount returned .
Also your wife can seek maintenance from you even after divorce
157+
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
