Question:
I have been married for two and a half years. From the day after the marriage, my husband said that he would not want to have a family. We have heard the same thing over and over again and have not been able to move forward. We tried to resolve the issue through a local mediation (Shalishi), but he refused to start a family even after that. I filed a court case. After receiving the notice, he filed a false case of torture in the court. What should I do now? It has been 30 days and we are not married yet. Should I agree to get married?
Answer:
In this situation, the following steps should be taken:
- Respond to the False Torture Case:
You must attend court hearings and respond to the case filed against you. Collect any evidence that shows the allegations are false, such as testimonies, medical reports, or messages proving that you did not cause harm or torture. - Continue with Divorce:
Since your husband has refused to consummate the marriage and fulfill his marital duties, you may proceed with a divorce case on grounds of desertion or non-consummation. If you have already filed for divorce, continue pursuing it. - Consult a Lawyer:
Consult a lawyer who specializes in family law to guide you through the legal proceedings, including responding to the false case and filing for divorce. - File a Counter-Complaint:
If the accusations are baseless, you can file a counter-complaint for false allegations or defamation. This may help protect your reputation. - Pursue Khula (if necessary):
If you wish to end the marriage, you may seek Khula, a form of divorce where the woman petitions the court. In this case, you may offer to return the mahr (dowry) to the husband. - Do Not Settle:
Do not agree to a settlement that compromises your rights. If your husband refuses to fulfill marital obligations and continues to file false accusations, divorce may be the best option.