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Question ID: 598 Category: Dealings and Transactions
Attorney Fees in marital dispute/legal separation

 

Assalamualaikum Mufti Saheb.

There is an ongoing legal separation case between me and my wife. The court has given me the visitation rights and shared-decision making rights for my children temporarily.
 
Now my wife violates the court order and do not allow me to visit my children and she make the decisions regarding my children on her own without sharing any information with me.
 
The attorney has already charged me $20,000 and now I have to go back to the attorney to file the contempt of court. The attorney would charge me again to file the petition. 
 
I was issued the fatwa ( S.No. 9122135 ) that I am not liable for any expenses to my wife. I have three sons, 10, 6 and 4 years old. My case in the court is to get the sole custody of the children. I request you to answer my following questions.
 
1. Is my wife liable for my attorney fees?
 
2. She is not alone but her associates are advising and helping her in depriving me of my father's rights. So does her associates are also liable for my attorney fees?
 
3. If she is liable then does she also become liable for the expenses that occurs in collecting the money from her?
 
 
Jazakumullah khair.

الجواب وبالله التوفيق 

In any of the situation out of the situations inquired about, Shara’n there is no liability on your wife for the attorney fees and expenses. You yourself are responsible for the fees and expenses.

واللہ اعلم  بالصواب

Answered on: 04 November 2019 | 7 Rabiul-Awal 1441 Answer By: Mufti Ghulam Samdani Sahib Checked By: Mufti Mohammed Navalur Rahman