I got married in January 2001. Soon after our Nikah, some or the other dispute started, my wife wanted me to shift to her maternal city at Moradabad(Small city in UP) from my native place New Delhi, India. On refusing to do this, one day after 8 days of birth of our son, my wife’s father & mother shouted on me & my mother like animals and said all the possible bad things they can say. They even said this infant seems like, he is born out of Haraam Act of someone. After that all our efforts failed to reconcile, as they kept saying that I had to shift to Moradabad, there is no other solution. they have filed, a wrong and false police report and court case under Indian dowry Act., in which my brother was jailed for 10 days and with the fazl o karam of Allah Ta’ala me and my mother escaped. After that in another court my wife has filed a case for maintenance charges for herself and my kid, which is pending for trial. Further to this she has filed another case in one of Sharai court case under ? Haqqe Zojiyat? and they are threatening me that they will declare my wife separated from my Nikah. Tallaaq is the last and the worst resort, to solve any dispute between husband and wife. In last 2 years my wife’s parents have not allowed me to meet my wife or my son. And now my father In-law says ?I must talaq my wife, as he could marry her with some one and he will adopt my son, and won’t let me take custody on my son or any meeting rights on my son.?
You enquire about the Shari?ah custody and visitation rights of your son. According to the details of your question, we wonder how your wife will respect the laws of Shari?ah in view of her un-Islamic demands and conduct. Kindly find attached our standard article on ?Custody of Children?.
We also wish to point out that your wife’s application for maintenance for herself in court is un-Islamic. In principle, if she walked out of the marriage, she is a Naashiza and you do not have to maintain her. She must return to her marital home if she wants maintenance. Her application to a Shari?ah court for Haqq-e-Zawjiyyah also has no basis whatsoever. You should enquire from the Shari?ah court the basis for annulling your marriage. They cannot do that.
You may forward this Fatwa to the Shari?ah court and do let me know more about the Shari?ah court ? where it is and who sent you such letters. We shall advise you accordingly.
and Allah Ta’ala Knows Best
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