Question:
I have been married for five years, and we have a three-year-old son. My wife went to her father’s house and has not returned. I want to keep our family together. We do not have a Kabinnama. Can she file a case against me? I feel she is being influenced by her mother and sister.
Answer:
Without a formal Kabinnama (marriage certificate), your marriage may not have the usual documentation required for Islamic marital cases, but there are still legal avenues you can explore to resolve this situation and protect your relationship with your son.
- Mediation and Family Counseling
You may consider family mediation or counseling, which can be facilitated by local union councils or religious leaders, to resolve misunderstandings and attempt reconciliation. - Family Court Involvement
While she may face challenges filing certain marital cases without a Kabinnama, she can still seek family support or maintenance claims if she can provide sufficient evidence of your marital relationship, such as witness statements or proof of cohabitation. - Securing Child Custody and Visitation Rights
Since you are the father, you have rights to maintain a relationship with your son. Even if she decides not to return, you can apply through family court for visitation rights or joint custody to ensure you remain involved in your son’s life. Courts generally prioritize the child’s welfare, and if you have been a responsible parent, your involvement will likely be encouraged. - Formalizing the Marriage
It is advisable to legally formalize your marriage if possible. A Kabinnama can help avoid future legal complications and establish clear rights for both you and your wife.