What to do if wife is staying at home even after Talaq

507 votes

My first preference is to protect marriage rather than to break it.But if situation gone worse I suggest the parties to take divorce.
As in your case , it appears that husband wants divorce but wife is not ready to accept it. Before going to reach any conclusion, I want to know few details about your case-
> what type of divorce has taken place between parties. As there are mainly two modes of Talaq- Ul-Sunnat and Talaq-UL-Biddat.
In recent judgment, Apex court has declared Talaq-UL-Biddat unconstitutional. If it is Talaq-UL-SUNNAT, Whether the parties have performed the conditions as mentioned in the holy QURAN.
As Talaq-UL-SUNNAT is also of two modes- Ahsan and Hasan.
Whether wife has observed iddat?

> I want to know whether marriage was performed under special marriage Act and in which court your case is pending?

=> If the husband wants to get his wife out of his home, he can do it after taking divorce in legal way. But he has to give maintenance to her wife , if she us unable to maintain herself untill she remarrries. (Sec. 125 Cr.p.c)

The charges imposed on the husband will be tried togeather and it will have to be proved by the husband that he is not guilty of those offences.Even if divorce is valid, it does not exculpate the husband , he has to prove his innocency .
If you want any further assistance, most welcome.

Advocate Mudassir Asad LawRato

997 votes

First of all legal wife have right to stay to her husband home, even that home name on her husband.
Wife can file the case for stay at home and also maintenance under section 125, that is already lodged by ur uncle.
but important is what the status of the filed case, first you take status about case, whatever filled by ur uncle.

Advocate Rao Aelbeena LawRato

779 votes

You cannot just throw away a lady from her home. Shariat law lays utmost emphasis on conciliation. But as mentioned by you since the divorce has been declared by Nadwa, you need to file a civil suit for declaration under section 7 of the family courts act read with order 39 rules 1&2. Therafter you can obtain a decree from the court and demand separation.

LawRato LawRato

812 votes

I can't give advice In your uncle case without knowing all the concerned facts and evidence, so if you want any proper adVuce then email me the copy of divorce paper and case paper concerned with your Uncle's case

Advocate Tariq Anwar LawRato