How to give Divorce to wife who is absconding
11-Oct-2023 (In Family Law)
My wife is absconded with someone else, I loved her very much but she cheated me by absconding herself with other male. I live outside India since last six months, I promised her to return early after resignation. But, she didn’t wait and decided to ruin her own life by absconding herself although she is married - she can’t marry to other male until a divorce. After her decision to abscond herself with a strange man, it affected me vehemently. Now, I don’t want to live with her, finally want to divorce. She is absconded since October 2, a FIR is lodged by her parents for kidnapping and another FIR is lodged by my father for kidnapping since I’m not at home country. I am a Muslim. I want to divorce her as soon as possible since she broke my heart.
My dear friend , In my opinion that as you stated it is very well ground take divorce from your wife. but it is appropriate to look whole facts and satisfy yourself that it is true or wrong. Otherwise as say that you loves your wife very much will go from you. So in these circumstances think and take appropriate step. You can not take divorce decree under the Hindu marriage Act. And what happened in FIR. where she is get her whereabout. then you should take appropriate steps.
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Dear Reader
The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaq; how he does it, when he does it, or in what he does it is not very essential.
Any Muslim husband of sound mind, major (who has attained the age of puberty) can divorce by talaq. He needs not to assign any reason for his pronouncement. Talaq by minor or unsound mind is void and ineffective. If he is lunatic then divorce during period when he is not lunatic, divorce by them is valid. The guardian cannot pronounce talaq on behalf of a minor husband. A talaq pronounced under compulsion, coercion, undue influence, fraud or voluntary intoxication is void. According to Sunni law, a talaq, may be oral or in writing. No specific formula or use of any particular word is required to constitute a valid talaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses. According to Shias, talaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaq, is void under Shia law. Here talaq must be pronounced in the presence of two witnesses.
Talaq-i-sunnat: It is considered to be in accordance with the dictator of Prophet Mohammad. It has two forms:
• Ahasan: It consists of a single pronouncement of divorce made in the period of tuhr (purity, between two menstruations), or at any time, if the wife is free from menstruation. Husband must abstain himself from intercourse for the period of iddat. The requirement that the pronouncement be made during a period of tuhr applies only to oral divorce and does not apply to talaaq in writing. Similarly, this requirement is not applicable when the wife has passes the age of menstruation or the parties have been away from each other for a long time, or when the marriage is not consummated.
The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaq; how he does it, when he does it, or in what he does it is not very essential.
Any Muslim husband of sound mind, major (who has attained the age of puberty) can divorce by talaq. He needs not to assign any reason for his pronouncement. Talaq by minor or unsound mind is void and ineffective. If he is lunatic then divorce during period when he is not lunatic, divorce by them is valid. The guardian cannot pronounce talaq on behalf of a minor husband. A talaq pronounced under compulsion, coercion, undue influence, fraud or voluntary intoxication is void. According to Sunni law, a talaq, may be oral or in writing. No specific formula or use of any particular word is required to constitute a valid talaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses. According to Shias, talaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaq, is void under Shia law. Here talaq must be pronounced in the presence of two witnesses.
Talaq-i-sunnat: It is considered to be in accordance with the dictator of Prophet Mohammad. It has two forms:
• Ahasan: It consists of a single pronouncement of divorce made in the period of tuhr (purity, between two menstruations), or at any time, if the wife is free from menstruation. Husband must abstain himself from intercourse for the period of iddat. The requirement that the pronouncement be made during a period of tuhr applies only to oral divorce and does not apply to talaaq in writing. Similarly, this requirement is not applicable when the wife has passes the age of menstruation or the parties have been away from each other for a long time, or when the marriage is not consummated.
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.
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