Wife dont want to live amd her family demanding money which they have given before marraige for articals Wife dont want to live amd her family demanding money which they have given before marraige for articals

2 weeks ago

Iam from hyderabad.my wife home is in bihar.she is mentally ill and unstable,she can't do household work properly.from starting of my marraige life,my wife family is supporting her for any mistakes is is doing.1.5 year relation and only 9 months lived with me.now she is saying i dont want to live there,and her family is supporting this.now they are saying we just want our money back and will move on.one month passed away no call from anyone.and i have recording from girl that because of her problem is coming and she confessed this.her family have taken 6 months saying we will counslt doctor for her mental illnes and cure her.and i have recording of this also.now what should i do.

Anik

Responded 1 week ago

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A.Dear client, you can file for divorce under the Hindu Marriage act, 1955. You can get divorce under section 13 of Hindu marriage Act by mutual consent and also for the mental illness of the spouse.
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Abhimanyu Shandilya

Responded 2 weeks ago

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A.Dear Client
If the marriage is not working and you both are sure about that then in that case it is always advisable to go for mutual consent divorce and get separated amicably without causing harm to any one or each other.
Speak to your spouse and try to settle the matter nicely.
If things do not turn up well then please get in touch with us and we shall send legal notice on your behalf to your wife and his parents and relatives.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
Triple Talaq is a procedure of instant divorce under Islamic Law followed by Muslim men in India. In the Shayara Bano case (2017), (Shayara Bano v. Union of India,), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. Accordingly, Triple talaq (instant divorce) and talaq-e-mughallazah (irrevocable divorce) are now banned. Tthe court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019 and as per Section 4 of the said Act, any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. As per Sec.5 of the said Act, a married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate. A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband under Sec.6 of the said Act, in such manner as may be determined by the Magistrate. The Family Courts are empowered to pass a decree to dissolve a marriage under Section 7(1)(b) of the Family Courts Act of 1984 read with Section 2 of the Dissolution of Muslim Marriages Act of 1939 and Section 2 of the Muslim Personal Law (Shariat) Application Act of 1937. Further, the provision of the Special Marriage Act, 1954 is equally applicable to Muslim marriage if a marriage has been solemnized under this Act and as per Sec.28(1) of the Act, a petition for divorce may be presented to the district Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. The District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree. Reach out to an Advocate practicing Muslim laws for guidance and steps.
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Kishan Dutt Kalaskar

Responded 2 weeks ago

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A.Dear sir
Better file divorce case in your state and see that the relationship between you and your wife may be ended in divorce. If necessary pay some alimony.
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