Can my wife file a DV or any dowry case after 1.4 yrs?

Hi, I got married in Mar2016 as per the muslim customs. We both were together for about 8 months after which my wife left the house and since then staying with her parents in native (its been almost 1.4 yrs). She initially wanted to give Khulla (divorce initiated from her) but all of sudden she changed her mind and she is insisting me to take the initiative for the talaq. She wont go for Khulla now and she threaten that if I dont initiate the talaq then she will fill a case. Please help in following queries - 1) What would be her intention for forcing me to initiate the talaq and not from her side? What is the disadvantages if I initiate the process? 2) She says the law has changed now (as per her lawyer) and the Khulla doesnt hold good for now. Is this right? 3) Can she file a DV or any dowry case after 1.4 yrs? 4) Is she eligible for maintenance? Would be really helpful if I get the above points clarified. Thanks in advance.

Answers (1)

203 votes

Khula law still holds good and it is valid the one reason why she's insisting you to initiate divorce is to claim maintenance.
She can file dv or dowry harassment even after 1.4 years but she needs to prove it and police will refer cases to conciliation to a committee as per recent supreme court decision.
If she wants divorce she can file for divorce under Muslim dissolution of marriage act.
She doesn't want to give khulla divorce as she has to return you mehr which she received as per customary practices. Hence she has asked you to seek for divorce.

Talaq-i-biddat is struck down by supreme court as illegal.

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