• Social Matters >> Talaq (Divorce)

    Question ID: 44586Country: India

    Title: Talaq

    Question: I got married in 2008, and have a 3.5 years daughter issue between me and my wife is that she always scares me that she will call his father or will leave and go to her father’s place, I have one daughter of age 3.5 who is suffering from physical disability (cannot stand on leg), her treatment is going in Pune), wife had ran away to father’s place one month ago, along with my daughter. Now she had missed her treatment and in wife’s village no source of treatment is available. She has not given divorce yet, but father-in-law told will provide notice to me. Currently the daughter is with me and wife is at her father’s place. (1) What should I do in this case? (2) Will I get daughters custody, (3) Can she put up a legal notice for divorce through legal court. (I want to stay with her wife) and make my child stand on her legs).

    Answer ID: 44586

    Bismillah hir-Rahman nir-Rahim !

    (Fatwa: 539/434/B=1434) The attitude of your wife is very rude and uncivilized. The nourishment of daughter is on mother till she attains the age of puberty. You should call a meeting of two or four people of your family and make your wife understand. Also try to continue the nourishment of daughter and her regular treatment. It is foolish act of your wife to send notice of talaq through court. If you want to live with your wife then behave her in good manner, avoid to give her any pain or to violate her rights. You might have some problem that is why your wife does not want to live with you, so first of all remove your shortcoming and then complain against your wife.

    Allah (Subhana Wa Ta'ala) knows Best

    Darul Ifta,

    Darul Uloom Deoband, India