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Fatwa CenterHis wife filed a false case against him after he divorced her upon her request
Question
After 3.5 years of marriage my wife went to her home India along with my son for a month,I called her several times but she didn’t come back.I wasted several tickets and VISAS,every time she refused telling like she is not feeling well; her mother is not well etc.Finally after 6 months I went to India with new VISAS and tickets and they came back to Sharjah with me. But her attitude towards me was totally changed.She started asking for divorce and to send her back without any appropriate reason.Mean while she got to know that she is pregnant, same day she forced me to book return ticket and said otherwise she will take ticket from her mother and shouted that she don’t want this child and asked for divorce.In a week’s time after reaching India, they did MTP in a pvt nursing home,(Note-her mother is working in medical college and first delivery was also in the same medical) after MTP they informed me and my family that it was accidental.Well again after 3 months I went to India to take her back but 1 day before she lost her passport and she didn’t came with me. After several reminders she and her family didn’t shown any interest for new passport. I did some efforts and managed a new passport,VISA and tickets.But on the travelling date, she went back from the half way saying that in a restaurant she burnt from tea.After a week again I booked the tickets, this time she came, but her attitude was not good and said“mein tumhe apna shouhar nahi manti” & asked for the divorce in written and said you can keep our son with you as your resources are more and I sent her back after 10 days.I sent her written divorce (3 talaq “pronounced & written” before 2 male witnesses) with meher amount and eddat expenses after 1.5 months through courier.I informed her through email, but she refused to take the divorce papers and filed a false case in CAW & other in Mahila court for dowry and compensation claim.I want to ask: 1-Has the divorce taken place 2-Is she entitled for compensation
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If you had uttered divorce to your wife three times in one session, like saying to her ‘You are divorced, divorced, divorced’, then three divorces had taken place according to the opinion of the majority of the scholars 
unless you had intended to confirm the first divorce by uttering the second and the third divorce, in which case, it is only one divorce that took place. For more benefit, please refer to Fatwa 84170.
A wife who is divorced an irrevocable divorce is not entitled to accommodation or maintenance unless she is pregnant as Allaah Says (what means): {And if they should be pregnant, then spend on them until they give birth.}[Quran 65:6] Among her rights is her entitlement to her entire dowry, either immediate or delayed.
As regards compensation, then we do not know on what basis she is asking for compensation. Indeed, compensation for material harm is confirmed and permissible, but first she should prove that there is such harm.
On the other hand, if the court to which this wife took her case rules by man-made laws, then taking the case to it is forbidden except in case of necessity. Hence, if this court issues to this wife a ruling that is not in conformity with the Sharee’ah, then it is not permissible for her to take whatever the court issues to her and it is not an obligation on the husband to pay it to her. Rather, the Muslims should take their cases to (a recognized Sharee’ah body in) the Muslim community.
Besides, if this wife had really carried an abortion, then she has committed a forbidden matter as it is prohibited to abort the fetus at any stage of its development; the sin is even greater if the fetus was aborted after the soul was breathed into it while there was no necessity to abort it. For more benefit, please refer to Fataawa 98739 and 82051.
Finally, the two following matters should be mentioned:
1- The jurists stated that it is an obligation on the wife to reside where her husband resides. So, if he asks her to reside with him, she is not permitted to refuse unless she had stipulated to him when conducting the marriage contract that he should not take her out of her country.
2- It is not permissible for a woman to ask her husband to divorce her unless there is a sound reason. The Sharee’ah forbade this and gave a severe warning against doing it. For more benefit, please refer to Fatwa 88408.
Allaah Knows best.
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