أسئلة وأجوبة
Can I force my wife to let me live with her and our children during Khula proceedings?
Dear Lawyers,
My Muslim wife filed for divorce in my absence, and when I returned to the UAE, I found that she had taken a new tenancy contract in her own name, not allowing me to live with her and our two children. She is taking Khula.
Can I force her with a criminal case to let me live with her since the divorce and custody are not finalized yet?
Can I also file a criminal case for child abduction?
Greetings,
Yes, you can file a lawsuit for obedience and force her to return to the marital home or allow you to live with her.
For further inquiries about your topic, you can visit our office or contact us via WhatsApp, phone, or email.
Dear Questioner,
- Regarding Living Arrangements:
Since your wife is pursuing Khula (a form of divorce initiated by the wife in Islamic law), the fact that she has taken a new tenancy contract and is not allowing you to live with her might be interpreted as her asserting her right to separation.
Legally forcing her to let you live with her could be difficult, especially since divorce proceedings are ongoing.
- Regarding Child Custody:
Custody matters are typically handled by the family courts.
Dear Questioner,
In the beginning, the crime of child kidnapping does not have its elements with the parents, as it is not logical for a parent to kidnap his children.
You may file a lawsuit for disobedience to the wife, proceed with the lawsuit procedures, follow up on other lawsuits as a defendant, file a lawsuit to see the children and provide evidence that she has left the residence without your will.
Your knowledge is based on the new lease contract (in its name) and we can explain the details of all procedures for all your claims.
Thank you for reaching out and sharing the details of your situation!
I understand that this is a challenging time for you.
In cases where a spouse has filed for Khula (a form of divorce initiated by the wife under Islamic law), it is essential to handle the situation delicately, especially when it involves your rights to see your children and live with your family.
However, filing a criminal case to force your wife to allow you back into the home or accusing her of child abduction might not be the most effective approach, especially since the divorce and custody matters are still pending.
Instead, it is important to address these issues through the family courts. The court can consider your request for access to your children and address the matter of residency.
You have legal rights as a father and husband, which need to be protected, and the best way to do so is by following the proper legal channels.
I recommend discussing this further to explore the best legal strategy to protect your rights. You can reach out to me via WhatsApp, phone, or email to set up a consultation.
No, she already obtained it through court orders, as you mentioned she filed in court.
It is better to proceed legally. Please contact our senior legal consultant, Mr. Muhammad Abdullah, on WhatsApp at [--------] for more details.