Marriage/muslim-Divorce/Maintenance Marriage/muslim-Divorce/Maintenance

3 years ago

Respected all, got married in 2011 and settled in Mumbai .have 2 children. My wife went to her parental home(which is in western UP) in 2013 and stopped any connection with me so I filed RCR in court 2013 then she came back after 7 month once she got the Court notice of RCR in 2013. Since then but I had completely disown her family. every year either his father or brother used to come to my home in mumbai and used to take her to western UP during vacation.

now my wife went to her parental home alone along with my children(daughter -age 8 yrs old son -5 years old) on 30 oct 2020 due to her sister's marriage which was on 15-nov-2020. but after going there she stopped talking to me no calls no communication , just messaged me some pics of my children only..I called her on 18-11-2020 asking the plan of return to mumbai she didn't pick up the phone I even called her Mom ,brother and dad biut no1 picked the phone and I messaged her then her messaged her that my father demanded 5 lacs cash I was shocked and denied immediately. now they blamed us and in the message for demanding 5 lacs but also asking me to come there .

now whenever I asked them about the return plan they blamed us for demand of 5 lacs but forcing me to come there in western UP and take back my wife and children.

my question is first thing my wife went her parental on her own will and then why would I will go there to bring her back also they blamed us for 5 lacs cash demand which is wrong and big lie.

I have been married for 9 years , my wife is doing the same what she did in 2013 except the cash demand.

now I don't want to file RCR instead of thinking of Talaq e hasain. Now wife is not coming back to my home in mumbai.

if she still wants to reconcile then I have no issues but she should accept that she was lying about 5 lacs demand.

Mw question is that if I will go for talaq e hasnain(quranic way of talaq) . is she eligible for maintenance under (sec 125)?

though I am thinking for talaq e hasnain but she is forcing me to take this decision she is denying to come to my house she stayed 7 month in 2013 also she came back becoz of Court's notice. she is blaming me and my father after 9 yrs of marriage .

is she still eligible for maintenance if I go for talaq e hasnain? what should I do to aviod this? as far as my children is concerned I am thinking of my daughter for Boarding school though it is not financially feasible for me.I cant afford that but will do for my daughter but dont want to give penny to my wife.

one thing I want to know that I had not taken any dowry anything except some gifts or cash of just 1 lacs(cash given by many people as a gift by multiple person ) on SALAMI which is a custom of any muslim marraige other than this Nohting is accpeted by me.

thanks,

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.hello.
yes maintenance has to be given.
however we requite more details to help you in a better way.
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Anik

Responded 3 years ago

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A.hi sir,
please elaborate as to why did she leave your house and on what grounds RCR was given by the court to help you in a better way.
however, in any form of divorce, be it talaq e hasan, reasonable amount of maintenance is to be given.
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