Dear Sir, Assalamu Alaikum I am an Indian Muslim residing in Kerala State now working in saudi Arabia. I am writing this letter for my younger sister who married on April 15 2007 in Masjid as per Hanafee school of thought. He is working in Dubai and was on vacation during the time of marriage. Now her life is fully in trouble. Actually that marriage itself was a great mistake. She didn?t live with her husband and family even for two months. That man is a saddist ,he and his parents tortured my sister and finally on June 2nd week they beated her like anything, and she told us everything and we took her to our house. Then some discussions in family level has been done and my sister categorically told us that she can’t live anymore with her husband. Then I contacted her hus. And he agreed for a mutual divorce through mahallu committee. But the next day without informing any of us he left to Dubai (Now he is in Dubai) After that he never called my sister or he even not send any money to her. My sister informed that she never wants to continue a life with that man. Her all ornaments and money are in the custody of her in laws. There is only my mother and herself only in my home at Kerala. In August 3rd we submitted an application to our Mahallu committee for a divorce. They send our application to her husband’s Mahallu committee and there is no response so far. Also then her husband phoned her and threatened that he will never divorce her and also he will do another marriage and will hurt my sister like anything. Then in consultation with our Mahallu committee my sister filed a case before the family court on 22nd August 2007, for getting back her ornaments and money from her husband’s in laws custody.(She has not filed any case for divorce before the court). Now the Mahallu committee informed us that, she can do Fasah, the procedure is she has to give an advertisement in the local news paper saying that her husband is not looking after her, and if he is not contacting her in another 20 days, she don’t want to have a relationship. Then this advertisement and another letter will be send to her husband’s mahallu committee and then the marriage will be divorced. Would you please advice me about the legal validity of this procedure as per Sahria and laws in India. After doing this can she re marry? Or if she wants to do Khula what is the procedure in India. I think its very difficult to get a divorce through court since her husband is not in India and it seems he is Absconding and living in Dubai, Insha Allah I hope you will answer to all my queries and help me to overcome the present dilemma and to get a good future for my sister With Thanks and prayers
Such a husband who is not arranging maintenance for his wife and gives her physical torture is mutaÂ’annit in Shariah term and below are the ways to get rid of him: (1) First of all, wife should demand khula from her husband. If he is not ready she can offer some money in return of talaq. Otherwise she can resort to a Qazi for justice and force him to give her talaq.
If this way is not applicable, then according to Maliki Maslak, wife can get her nikah cancelled with two conditions: (1) In case the expenses are not arranged (2) and she fears to fall in sin without a husband. The separation will take place in this way that wife will take her case to Sharai Panchayat. The Panchayat will investigate the matter through witnesses, if the claim is proven that the husband in deed does not arrange maintenance, then the Panchayat will force husband to give talaq and in case of his denial it will decide separation and cancellation of nikah according to Maliki Maslak,
Allah (Subhana Wa Ta’ala) knows Best
Darul Uloom Deoband