How to handle talaq, threats, and unreasonable alimony demands?
I want to give talaq to my wife due to her incompatible attitude, even after 25 years of marriage. She threatens to file multiple legal cases against me. She is demanding ₹4 crores as alimony, all my property in her name, my entire salary, and that I take full responsibility for the children, with no responsibility on her part. I am a government employee earning ₹65,000 per month. What should be my legal and practical stand in this situation? Please help.
In light of the Muslim personal laws and judicial interpretation thereof, you are eligible to declare talaq on your wife. However, you must follow all the prescribed procedures in order for it to be considered as valid. Your wife's demands with regards to alimony and other responsibilities will also fail to stand as they are evidently disproportionate. If you want to defend yourself against these threats, preserve these threats and file an anticipatory bail application if there's apprehension of false cases against you.
Though Triple Talaq has been declared unconstitutional by the Supreme Court, Muslim husbands can pronounce talaq, provided it is not made in an arbitrary or instantaneous manner. Muslim personal law (Shariat) Application Act, 1937 provides the statutory backing for this. With regards to the threats and demands made by your wife, there is no need to worry as these are not legally enforceable and proportionate considering the amount of your annual salary.
The wife's threats and unreasonable demands likely constitute mental cruelty, a valid ground for divorce under Section 13(1). The husband can file a divorce petition based on cruelty and seek child custody. To preempt false cases, you should consider filing for anticipatory bail under Section 438 CrPC (now Section 484 BNSS) and register an FIR against her with supporting evidence like messages or recordings. Courts, like in Balaram Prajapati vs Susheela Bai, have granted divorce due to a spouse's aggressive behavior and false complaints.
You can give talaq as per Islamic law, but your wife can also file for maintenance. ₹4 crores and full salary is not realistic. The court will decide a fair amount based on your income. Hire a good family lawyer to handle threats and negotiate reasonable custody and financial responsibilities. For further legal assistance contact us on our helpline number.
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