• Husband extra marital affairs

Respected Sir,

i am writing this on behalf of my sister. My sister got married on 21/July/2024. Groom is working in Emirates, Dubai as ground staff. After marriage, he took my sister to dubai on visit visa. After one month, he sent back my sister to india saying that there some difficulties in obtaining residence permit. But during the stay of one month, my sister came to know about his extra marital affairs and even she gathered proof with respect to extra marital affairs. he even tortured her both physically and mentally during her month stay with him in dubai. now when we are contact him, he is not responding to the calls and even blocked all her family members phone numbers. And even thretened the family that he is going to divorce her. He even did that by saying triple talaq via phone before blocking the numbers. How to extradite him to India? please suugest the remedy
Asked 10 days ago in Family Law
Religion: Muslim

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13 Answers

Triple talaq  in India is not valid 

 

2) instant triple talaq (talaq-e-biddah) in any form – spoken, written, or by electronic means such as email or SMS – is illegal and void, with up to three years in jail for the husband.

 

3) file police complaint against your husband 

 

4) if he does not cooperate with police investigations NBW can be issued against him .he can be declared an absconder and his passport impounded 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

Your sister can lodge criminal complaint against him and his parents for dowry harassment and other acts of cruelty.

She can file a DV case involving his parents also seeking protection, residential right, monthly maintenance, compensation and any other remedy available.

In all her complaints she should involve his parents in order to put pressure on him so that he rushes to India to protect his as well as his parents interests.

If here is no response to police summons, she can urge the police to issue a look out circular also 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Without taking any legal steps, i.e., a complaint before police under criminal law, you cannot be able to put pressure on him to come to India.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7852 Consultations

1. It appears that the marriage has turned to be a bad marriage.

 

2. Your sister should file a DV & case against Dowry Harassment in India against him sending the  Summons to him.

 

3. If he fails to appear before the Court, warrants will be issued against him

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

1. File the Dowry Harassment Case in India which he shall have to attend to being personally present before the Court.

 

2. It can not be foretold whether he will agree for resolving the matter or not even after coming to India to face the said case.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

Dear Client,

 

In this case, your sister can file a case in this regard and can force her husband to return to India. She can file a complaint under Section 86 of the Bharatiya Nyaya Sanhita (BNS) and under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for triple talaq, which is illegal and void under Indian law. She must immediately lodge a police complaint which would also raise the issue of LOC wherein he would not be able to travel to India without answering the case. Your sister can also seek a maintenance remedy under Section 144 of BNSS  and initiate proceedings for divorce if she wants. Moreover, you can also approach the Indian Ministry of External Affairs by writing to the Indian Embassy in Dubai requesting them to cooperate in extraditing her husband to India so that she may face the legal procedure. Hire an attorney who is qualified enough to file cases and communicate with authorities to expedite the process.

 

Hope that this helps you to solve your problem.



Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

 - As per law, practice of Triple Talaq is an offence punishable with imprisonment up to three years and fine.

- Hence, no divorce has taken place if he has pronounce by way of Triple Talaq, and your sister can lodge an FIR against him for the said offence. 

- Further, you should know that your sister is having the following right and claims from her husband. 

  1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her &child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

  1. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc., and also for teaching a lesson to the family members of her husband, who subjected her torture &harassment, she should file a petition under the provisions of Domestic Violence Act.

  1. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/MahilaPolice, after mentioning all the details of torture &harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- The Court has power to call him from foreign country and even his passport can be impounded by the Court 

 

You can contact me, if further suggestion required. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

She can file a police complaint if her husband has given her triple talaq. The practice of triple talaq was declared unconstitutional by the Supreme Court of India in August 2017. Following this, the Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted, which makes the practice of instant triple talaq illegal and punishable by law.

She may also file for domestic violence and dowry harassment and seek maintenance and other rights under the law.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Triple talaq in one go is no more valid and a crime as well. 

Looks like this marriage has gone dead. So instead of pursuing it , your sister better seek redress udner law for the atrocities done to her and for giving her unlawful Talaq.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

You can extradite him now. You can file domestic violence and maintenance cases against him in India and get him convicted then you can take further steps to issue LOC against him

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

Some legal proceedings can be good remedial points here to get relief in this matter. 

The husband is legally bound with the wife which is a mandatory point here. 

 

Dinesh Kumar
Advocate, New Delhi
24 Answers

Dealing with a situation involving an extramarital affair, alleged abuse, and the pronouncement of triple talaq from abroad is complex and requires careful legal navigation. Here are the steps and options available to address this issue:

Legal Considerations on Triple Talaq


  1. Triple Talaq Law in India: As of 2019, the practice of instant triple talaq (pronouncing "talaq" thrice in one sitting) has been made illegal in India and is punishable by law. This law provides a means to seek redress and potentially enforce the husband’s return to India for legal proceedings.

Strategies to Address the Issue

  1. Criminal Complaint in India:

    • You can file a criminal complaint in India under the relevant sections of the Indian Penal Code (IPC) for domestic abuse and under the Muslim Women (Protection of Rights on Marriage) Act, 2019 for illegally pronouncing triple talaq.
    • The complaint can be filed at the local police station in your sister’s hometown. The police can initiate action, which might include contacting Interpol for assistance if he refuses to return and face charges.

  2. Legal Notice:

    • A lawyer can draft a legal notice to be sent to him (if his address is known) or to his family in India, demanding him to return to India and settle the matters legally. The notice can outline the legal actions being considered against him.

  3. Approach the Indian Embassy:

    • Contact the Indian Embassy in Dubai detailing the situation. They can offer guidance, and in certain cases, they might be able to facilitate some form of mediation. Although they cannot enforce his return, they can provide necessary support and information.

  4. Civil Remedies:

    • File for restitution of conjugal rights in India if your sister wishes to continue the marriage.
    • Alternatively, she can file for divorce on the grounds of cruelty and adultery, which could also involve claims for alimony/maintenance.

  5. Seeking Help from NGOs:

    • There are several NGOs and women's rights organizations both in India and Dubai that can offer legal assistance, advice, and possibly intervene in some capacity.

Extradition Feasibility


  • Extradition from UAE to India for family law disputes, especially those involving marital issues like triple talaq, is highly unlikely. Extradition typically applies to criminal charges deemed severe by both countries' laws and involves prolonged legal procedures. However, if he commits an offense that is recognized criminally in both jurisdictions, this might become a possibility.

Practical Steps

  1. Document and Gather Evidence:

    • Ensure that all evidence of the extramarital affair and any instances of abuse are securely documented. This includes any communications, photographs, or testimonies that can support the case.

  2. Legal Representation:

    • It's crucial to engage with a lawyer who specializes in family law and understands the nuances of international law, especially laws relating to the rights of Indian citizens abroad and the implications of UAE laws.

  3. Financial and Emotional Support:

    • Make sure your sister has the financial means and emotional support to go through what can be a challenging process. Consider setting up counseling sessions for her to cope with the mental and emotional stress.

Conclusion

Addressing these issues effectively requires a combination of legal actions, diplomatic approaches, and personal support systems. The primary goal would be to ensure your sister’s safety and legal rights are upheld, considering the complexity of international jurisdiction and marital laws.

Shubham Goyal
Advocate, Delhi
333 Answers

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