We are now in September. So far the following has happened.
In regards to the sit down, the day she left, i told her not to apply for maintenance until the elders have sat down. it was agreed that she would come back to me with a sit down date ( i even have her message "wait for my father to call you with a sit down date). I followed up with her every week for about 9 weeks about the sit down date only to be told in the 9th week "oh we are waiting on your family for a sit down date", that didn't go down to well with me. By that time relatives were abroad in the UK six week summer holidays etc so we are waiting on their return which should be within the next 2 weeks.
After Ramadan i requested to see our daughter for the first time, my wife would oblige and me and my family would meet our daughter in a shopping centre in London and spend about 4 - 5 hours with her. so i would again request to see our daughter every 3 or 4 weeks (due to distance), so we did that on 4 occasions. On the 4th occasion my wife starts talking about money saying "my father can look after and finance me, but he's not willing to finance our daughter, therefore im going to have to go through child maintenance, i responded ok, its best to keep it private for now until we sit down so i agreed an amount and told her i would pay on Monday every week, which i did. On the fifth occasion when i asked to see the baby, she said she's not well, she's doesn't leave the house etc and that i would have to go to her parents house to see the baby, i replied "are you mad, you know that's awkward with everything that's going", she said "sorry that's the way it is". I requested a few times to see if her health has improved, but i kept getting the same responses back. Eventually she gets spotted at another shopping centre far away, i (via text) confront her saying why did she say she's not well and that she doesn't leave the boundaries of her house when she was spotted in a shopping centre 10 miles away? no valid answer could be obtained, she even topped it off with "I'll go out again if i have to, its no ones business!". I stopped the conversation, when it came to pay day she contacted me asking me why i hadn't paid. i said i'll pay when i see the baby, she says that's not possible and that i leave her with no choice but for her to go claim via the child maintenance service. I received the preliminary letter today to which i phoned them up saying i would like to be doubly sure she's my kid by requesting the paternity tests.
It looks like the legal proceedings for custody is inevitable now especially as someone has started making arrangements outside of the islamic marriage by going all 'civil law on me'. of course i have a duty to defend myself and fulfill any duties required of me islamically, insh Allah i will.
In regards to the sit down with elders... it doesn't look anything good can come from it apart from highlighting complaints from both parties both true and false with and without evidence. My wife has already told me her people wont punish her nor does anyone value the 'imam's recommendations', so is there any point? ive been advised to end it amicably, but how, both parties need to be willing to end it amicably and accept their faults.
i don't plan to bring her back to my house where my mum is living, no way unless she agrees to all my requests re: apologies, character/behaviour rehabilitation, bring the wedding jewellery back etc. which i think the chances are 99.9% very unlikely.
advice from people i know include:
- don't issue talak to her especially if you can prove she was negligent towards the marriage from the beginning (i can prove it)
- make it look like so that i will take her back (call her bluff) if she does pledge to improve herself and after i find her separate accommodation, she can apply for a council flat right? as a single parent
- if there is no sit down with elders, then she will have to consult the Islamic shariah council to request the talaq from me or even the khula. Am i entitled to get the 8k GBP and Mahr back? if i am, who enforces that if they refuse to give it back?
- She cannot make any claims to my assets due to her being a 'financially non-contributing cohabitee' in the eyes of UK civil law.
- Should i initiate the custody application now or still await a sit down with elders, i think i should as precious time is being wasted (although we need to await paternity test results). If i do apply, does it by any way imply anything in terms of Islam that i have made my decision not to take my wife back?
- Likewise my wife has initiated the child maintenance claim, to me it gives the impression my wife is definitely not coming back.
All these events seem too much sometimes, i feel I'm at my limits, too many headaches and instances of tension, the only thing stopping me from suicide is my religion, my responsibility to my family, my mum, sisters, nephews, daughter (paternity test permitting) and the constant reminder that i should be grateful for all i have achieved to date and all i have at present.
please remember me in your prayers
-to make us understand that these calamities are actually blessings for us
-to help us through these tough times
-so that Allah swt makes it easier for us
-and remember the innocent child caught up in this marriage issue
-pray that i get full custody of her, although she is the mother i am not fully confident that she is fit enough to be one unfortunately, i have evidence for that too (where she sent me pictures of the baby (at 4 months old) on the baby bouncer chair upside down with the baby's head on the kitchen floor tile), my wife thought that was entertaining for her and that she would share that with me on a joking level. Are mothers allowed to do what they like with their children? no, if its not humane and ethical then they shouldn't!. people say that islamically the mother has 3 times more HAQ on the child than anyone else related, should i just leave everything in Allah swt's hands?
Jzk for your time in reading this and please remember me, my family, the whole muslim ummah, humanity and mankind in your dua's.
Assalam Walaikum Wa Rahmatullahi Wa Barakathuhu