How to give divorce and not give alimony to my wife


Hi, I have three false cases on me 498, 125 maintenance and DVC. It's been more than 1 year of case. After lot of counsellings she doesn't want to live with me and filed false case on me. I have a 2yrs child. For marrying 2nd wife people are asking for divorce papers as I have not given divorce till now. My lawyer is saying I have to give permanent alimony if I give divorce. As she doesn't want to live with me as she filed false cases, how to give divorce without providing her permanent alimony. I want to give her divorce immediately as I don't want to waste my time on this and get remarried. What are the consequences if I give divorce and how can I fight legally after giving divorce as she doesn't want to live with me. Can I send a notice through a lawyer if u don't come and live with me I will give divorce to you. Please advise asap and provide a best solution to me. Thanks.

Answers (1)


71 votes

Dear Sir, as per my knowledge and information

Try to discuss with the lawyer about mutual understanding and try to settle the matter outside court and if she has decide not to live with you then both can go to Kazi and take the divorce moreover decide some permanent alimony where you can get rid off permanently.

Extra Judicial Divorce
Extra judicial divorce is when it is depend upon the will of husband or wife or when it is by mutual agreement. There are different rights provided to wife and husband. Generally rights to give divorce are given to husband only, wife are at very lower pedestal regarding right to divorce but Dissolution of Muslim Marriage Act, 1939, wife has also been provided with some rights. Extra- judicial divorce is divided into several parts:
By Husband- Talaq, Ila and Zihar.
By Wife- Talaq-i-tafweez, Lian.
By Mutual Agreement- Khula and Mubarak.
By Mutual Agreement
Khula
A muslim women has a right to ask for divorce if she does not desire to live with her husband even where he is not at fault. It may be dissolved by an agreement between the husband and the wife called khula. In accordance with the terms and conditions between the husband and the wife, the wife may agree to relinquish part or whole of her dower amount or any other benefit that may be agreed upon between the two. Once the offer is accepted by the husband it operates as an irrevocable divorce. However a woman may not compel her husband to give her divorce under khula and even a suit to that effect is not maintainable in law.
It is only the husband or his agent who may agree to khula and neither the court nor the qazi is competent to do it. Once a khula has been accepted by the husband and affected, the husband has no power to cancel it on the ground that the consideration has not been paid and his remedy is to sue the wife for it.
Mubarat
Mubarat is also a form of dissolution of marriage contract. It signifies a mutual discharge from the marriage claims. In mubarat the aversion is mutual and both the sides desire separation. Thus it involves an element of mutual consent.

In this mode of divorce, the offer may be either from the side of wife or from the side of husband. When an offer mubarat is accepted, it becomes an irrevocable divorce ( talaq-ul-bain) and iddat is necessary.


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