Legal Question in Family Law in India

Re: muslims divorce

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that you divorced your wife by saying talaq thrice , that your wife has filed a case under section 498a CrPC and also a case under Domestic Violenmce Act and that she wants to come back but you do not want. Your divorce is valid . Signature of your wife is not essential on the deed of divorce but it must be signed by witnesses. Validity of marriage can not be decided by the court procceding with case under Domestic Violence Act nor under the proceedings of section 498a CrPC .So, as you claimed divorce , you can not be compelled to allow your wife to join you.As you say that you want to get rid of cases and to marry again. Defend the cases well and be acquitted .

In case you find any difficulty, please don�t hasitate to recommunicate your problem . All possible assistance will be provided you.

Re: muslims divorce

You are grossly at fault. The divorce is not legal. You are likely to face prosecution u/s 498-A as also under DVA.

It will be better for you to bring your wife back home with dignity and honour if you want to avoid criminal action.

The final outcome of criminal case is likely to be against you - it may also result in a jail term.

If you are still adament in not bringing her home, you should be prepared for providing adequate maintenance to her for life as per your financial status.

Re: muslims divorce

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