Legal Advice

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

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?

Advise

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

High Court Lucknow

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