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Wife not coming to matrimonial house
09-Feb-2023 (In Muslim Law Law)
My age 28 years. wife age 20 years, Muslim married time 9 months Mother, me & wife(3).salaried person earning 10k P.M ,mother age 55 yrs,.pls suggest me as per Indian and muslim law, No child In dec wife left matrimonal home giving complaint in our community jammat after that jamat members came to my house stating that she wants her clothes due to her brother marriage. brother is in april from i dont want to divorce her but from outside sources we heared that girl will take khula as per muslim law. we are saying come and sit with elder members or jammat members her family is not coming. Thaey are not saying what our thr plans. janmat members also doing delay. Its been 2 months now i am planning i should send letter to jammat members and to them stating in 20 days if they dont reply its means girl doesnot want to come matrimonial house she decided for khula and this decision will be of them and jamat members is responsible for that due to delays. please suggest any other option
It is not clear if you want to continue the marital relation or not. If your wife has left the house without any valid reasons then you can approach the court for restitution of conjugal rights thereby asking her to come back and resume marital relation.
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Adv. Samina Mirza
Navi Mumbai | 100+ Answers
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In your case, you need to go and meet the Jamaat members or bring all elders and well-wishers to have a mediation among both the families. For Talak or Khula, mediation is a precondition in Mohammedan Law.
If you see some shortcoming in your wife in some aspect, then there may be some other aspect in her that calls you to stay with her and not divorce her. Just giving conditions if she doesn't come back within 20 days, these reasons a silly and have patience and solve this issue between you and your wife. There is age gap where she is young and not so matured to understand many life issues. It takes time, and in just nine months nothing can be decided.
Allaah says (interpretation of the meaning): “If you dislike them, it may be that you dislike a thing and Allaah brings through it a great deal of good” [al-Nisa’ 4:19].
And the Prophet (peace and blessings of Allaah be upon him) said: “No believing man should hate a believing woman. If he dislikes one of her characteristics, he may be pleased with another.” Narrated by Muslim (1469) from Abu Hurayrah.
If mediation fails, try to contact a lawyer and send a legal notice for restitution conjugal rights and contest the case in family court. Restitution of Conjugal Rights where after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouses. The provision of Muslim law is almost the same as under the modern Hindu law, though under Muslim law and the Parsi Marriage and Divorce Act, 1936 a suit in a civil court .
Khula needs husband consent and if the husband is not ready to give khula she can approach court or Qazi for the same and judgment from the court is binding on him, and she will get a divorce decree.
If you see some shortcoming in your wife in some aspect, then there may be some other aspect in her that calls you to stay with her and not divorce her. Just giving conditions if she doesn't come back within 20 days, these reasons a silly and have patience and solve this issue between you and your wife. There is age gap where she is young and not so matured to understand many life issues. It takes time, and in just nine months nothing can be decided.
Allaah says (interpretation of the meaning): “If you dislike them, it may be that you dislike a thing and Allaah brings through it a great deal of good” [al-Nisa’ 4:19].
And the Prophet (peace and blessings of Allaah be upon him) said: “No believing man should hate a believing woman. If he dislikes one of her characteristics, he may be pleased with another.” Narrated by Muslim (1469) from Abu Hurayrah.
If mediation fails, try to contact a lawyer and send a legal notice for restitution conjugal rights and contest the case in family court. Restitution of Conjugal Rights where after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouses. The provision of Muslim law is almost the same as under the modern Hindu law, though under Muslim law and the Parsi Marriage and Divorce Act, 1936 a suit in a civil court .
Khula needs husband consent and if the husband is not ready to give khula she can approach court or Qazi for the same and judgment from the court is binding on him, and she will get a divorce decree.
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Adv. Mirza Faizan Assad
Bangalore | 25+ Answers
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