My wife was gone to her mom,s house on her 2nd month pregnancy, after delivered a baby boy she is not return to my house instead she refused to come to my home to live with me and she want me to move her mom’s home. my mom also with me i am not ready to leave my mom. she is sick and in her old age. for the past two year we live separately. what is the procedure to divorce her and will i marry without divorce her? should i give maintenance to her and how long? we have a two year old baby boy she even not allow me to see my kid also. pls advice me
Answer
(Fatwa: 762/274/TL=1432)
You should preferably try to adjust and reconcile the matter. If the reconciliation efforts fail, then the better way of giving talaq is to give her one talaq and leave her until her iddah is complete. In case of giving talaq, you will have to give her maintenance of the iddah period. Also, you can have second marriage without giving talaq, but in this case you will have to maintain equality and do justice between the two. She is at fault to prevent you to see your child.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband