Can I File Divorce Without Paying Alimony On Grounds Of Mental Creulty
12-May-2023 (In Divorce Law)
Hello Sir, I am a Musilm Husband and Its been 2yrs of my marriage i have a son of 11months am mentally being disturbed due to blackmailing & torture of my wife. Recently My wife attempted to commit suicide just to torture and blackmail us in presence of her parents, however we have a video proof stating from my wife and in laws that she has done a mistake and she will never repeat it again also i have written statement of my wife stating that the instance happened at her own no one from my family is responsible. Now am feeling suffocated due to her actions also i dont want to take any risk in future as it may spoil our family reputation also its a mental torture for us. We are very worried and not able to live happily after the incident so i have decided to file Divorce. Please advise can i file Divorce on fhe Grounds of Mental Creulty and without paying any Alimony as my wife has spoiled my entire life mentally. I am also being unemployed from past 1yr due to Mental stress of my wife.
Dear Sir,
Be informed that there is no legal divorce from court for Muslim husbands. But you can legally marry for second time.
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SECOND MARRIAGE MUSLIM HUSBAND IS LEGAL BUT HE MUST PROVIDE FOR RESIDENCE AND MAINTENANCE TO FIRST WIFE IF SHE WISH TO RESIDE SEPERATELY.
Kerala High Court
Saidali K.H. vs V.Saleena on 22 October, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 94 of 2007()
1. SAIDALI K.H., S/O HASSAN,
... Petitioner
Vs
1. V.SALEENA, D/O ABOOBACKER,
... Respondent
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.J.ABHILASH
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/10/2008
19. Coming to the case on hand, we find that the reasons stated by the Family Court that the second marriage contracted by the respondent/husband and the refusal of the petitioner/wife to live with the husband on account of his second marriage are not by themselves sufficient grounds to grant a decree for dissolution of marriage under the Dissolution of Muslim Marriages Act. Refusal of the wife to share the conjugal home with the co-wife is justified for claiming maintenance. In such circumstances, it is the duty of the husband to set up separate residence for her. At the same time, we find that the petitioner/wife had pleaded several other grounds permissible under law for divorce. Inequitable treatment to one wife against the Quranic injunction gives rise to a tenable claim for divorce. The Family Court failed to examine whether the petitioner/wife was entitled to a decree for dissolution of marriage under any or all the heads for which there is sound foundation in the pleadings.
20. In the result, the order under appeal is set aside and the case is remanded to the Family Court, Thrissur for fresh disposal in accordance with law. There will be no order as to costs.
Be informed that there is no legal divorce from court for Muslim husbands. But you can legally marry for second time.
================================================================
SECOND MARRIAGE MUSLIM HUSBAND IS LEGAL BUT HE MUST PROVIDE FOR RESIDENCE AND MAINTENANCE TO FIRST WIFE IF SHE WISH TO RESIDE SEPERATELY.
Kerala High Court
Saidali K.H. vs V.Saleena on 22 October, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 94 of 2007()
1. SAIDALI K.H., S/O HASSAN,
... Petitioner
Vs
1. V.SALEENA, D/O ABOOBACKER,
... Respondent
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.J.ABHILASH
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/10/2008
19. Coming to the case on hand, we find that the reasons stated by the Family Court that the second marriage contracted by the respondent/husband and the refusal of the petitioner/wife to live with the husband on account of his second marriage are not by themselves sufficient grounds to grant a decree for dissolution of marriage under the Dissolution of Muslim Marriages Act. Refusal of the wife to share the conjugal home with the co-wife is justified for claiming maintenance. In such circumstances, it is the duty of the husband to set up separate residence for her. At the same time, we find that the petitioner/wife had pleaded several other grounds permissible under law for divorce. Inequitable treatment to one wife against the Quranic injunction gives rise to a tenable claim for divorce. The Family Court failed to examine whether the petitioner/wife was entitled to a decree for dissolution of marriage under any or all the heads for which there is sound foundation in the pleadings.
20. In the result, the order under appeal is set aside and the case is remanded to the Family Court, Thrissur for fresh disposal in accordance with law. There will be no order as to costs.
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