Please answer my questions in detail by replying this email.I was married to a pakistani american muslim women in Newyork in 1989 with family arrangements.In america she and her parents fought with me frequently on small issues and as a result we got separated in newyork. To harrass me she put the case in family court who ban me to visit and live with her..When we were living separate she filed a case of Annulment in a american family court .I was served order im my office in newyork.i signed with it,that I have no objection on this annulment.Court decided with Annulment of marriage.Court said no almony because we do not have childern and property.I left america in 1999 and came to Canada ,where I got marriage with an other very nice muslim pakistani lady in 1994 in Newyork,and then we moved to Canada in 2000.we are living very happy with an 11 year old daughter with out any problem.I am now a canadian citizen and working in a canadian hospital.
Now my ex wife from america is demading and harrasing me that only american divorse took place and according to muslim/Pakistani laws, marriage had not broken.So i must pay her almony/monthly income along with Haq-mahr.She is also harrassing me that she will prosecute me in Rawalpindi high court for marriage fraud.
I do not know Muslim and Pakistan Laws.Please (with reference number) send me details informations, about the fate of her Annulment from american court/almony/mahar money etc etc,.Give me legal reference number of law please.
I am requesting for a copy of Islamic Annulment/Divorse/Almony/Mehr etc.thanks
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
According to Shariah, a wife is entitled to maintenance (Nafqah) in lieu of withholding her for his benefit (Haqqul Habs). If there is no Habs, then she is not entitled to any maintenance from the husband. You state that your wife applied to the family court and restricted you from visiting and living with her. She decided not to stay with you. You did not chase her out of the house. Therefore, she is a Naashiza, (a disobedient wife) and she is not entitled to any maintenance from you. Her claim for alimony, monthly income and Haqq e Mahr is baseless.
We also wish to advise you that the annulment of the marriage in the court does constitute a civil divorce and not Talaq. Accordingly, she is still your wife. If she wants maintenance, you have a right to call her to stay with you. If she refuses she is not entitled to maintenance. Our advise is you issue her a Talaq e bain (an irrevocable Talaq) and sever the Nikah. Do not worry about her empty threats.
And Allah knows best
Wassalam
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah