Paid Advise

Wife is not ready to leave India: can husband give talaq?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

33507 Advices

41371 Consultations

Reading Time:

Question: I am Bangladeshi Muslim man Software Developer by profession married to an Indian Muslim women. My wife is not ready to leave India. Can husband give talaq on such a refusal? Our marriage took place in City of Bijapur, State of Karnataka, India where my wife’s family resides with consent from both families under Muslim Sharia Law at the house of the bride. My wife is a project manager working for Wipro in India and I am working in Bangladesh. It has been almost 4 years since we have been married and it seems my wife is unwilling to move to Bangladesh. She gives a reason that it will be difficult for her to have a job in Bangladesh. 

I tried to assure her that I will be responsible for her full maintenance and she won’t have to worry about it. I also got offered a job By an Indian Software company which would have given me the opportunity to live with her in India and work. But she told me that she is not comfortable about me moving to India and working from there. She does not make her intentions clear when I tried to talk to her mother and brother. She got angry at me and asked why I tried to talk to them without noticing her. 

It has been too long and I am facing tremendous pressure and questions from my family and relatives as to why I am not living with my wife and what my plan for the future is. Question Under the circumstance is it valid for me to raise talaq if my wife refuses to move in with me? Since I am not in India and not an Indian Citizen, can it be remotely done?

Asked from: Bangladesh

Marriage is performed in India therefore, the Indian law will prevail in your case. However, you can file a case in Bangladesh but the court cannot ignore the law prevailing in India and international personal laws. Any decision in violation of Indian law will be illegal and you cannot enforce it in India.

Also read: Execution of foreign judgment in India

You can pronounce talaq but must prefer the talaq-ul-ahsan. Pronounce talaq in each consecutive tuhr or period of menstruation. According to Muslim personal law, it is not mandatory for the husband to state reason for talaq. Hence, you can pronounce talaq because the wife is not ready to leave India and live with husband in Bangladesh. 

You can pronounce talaq from Bangladesh but intimate it to your wife. Intimation is necessary for enforcing the decree of the Bangladesh court in India. Living apart is a ground of divorce in Muslim law however, wife has some rights when she is living separately.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

What happens if I break my girlFriend engagement? 

Question: What happens if I break my girlFriend engagement? My girlfriend is engaged with another person without informing me, now I want to marry her, but she moved on. What I can do in this situation shall I approach the groom to convince.  Asked from: Uttar Pradesh...

Can I get divorce for marrying another person?

Question: Can I get divorce for marrying another person? I am 34 years old. I have been married for 2 years but I feel suffocating in the presence of my husband. I am also having an affair with my colleague  at the office. My husband would let me take divorce easily....

Will my husband get baby boy custody?

Question: I got married on 3rd march 2020. I have a one year old baby boy. My husband is an alcoholic smoker, drug abuser, ganja addict. He is always there in fights, he even has a sword and gun, he beats me and even has extramarital affairs. Now I have left his house...

My minor son sent messages to my husband about my affair

Question: My minor son sent messages to my husband about my affair. He sent a message to my husband that I have an affair but later he realised and asked sorry, but husband using that message in court to prove I have affair what to do? Asked from: Karnataka I think...

How to get a mutual consent divorce within six months?

Question: I was married to my boyfriend when I was studying in B.Tech. We solemnised our marriage in a temple. How to get a mutual consent divorce within six months? All those things happened in hush-hush. No one knew about our marriage but we got registration of our...

Legal validity of consensual relationship with brother

Question: It is a complicated situation for me, I am a 40 year old lady. My husband was an abuser and we have legally divorced 6 years ago without any issues left. I left my hometown, came to Delhi to join a job and started staying with my brother who is never married...

Child Custody to a third party 

Question: My partner wishes that I could take legal custody over her. She is happy with her family but wants to leave. I live in the UK, and she lives in India. What (if any) are our options? Can the court allow child custody to a third party?  Asked from: Uttar...

Girl’s family is threatening for love jihad case

Question: My friend is muslim he loves hindu girl. Girl’s family is threatening for love jihad case so he want to convert to hindu religion. He loves that girl and agreed to change his religion. Now he is afraid that the girl’s family may file a case against him and...

How can I leave my husband’s home without his consent?

Question: Hello, I have been married for 6 yrs. And my in-laws have been demanding for more dowry. How can I leave my husband’s home without his consent? The gold gifted during my marriage is in my father in laws custody. Well I did not encourage more dowry and hence...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54