Domestic violence
Muzibur Rahman
(Querist) 26 September 2016
This query is : Resolved
I am a muslim man married to X (age 26) who is also a muslim girl for the last 5 years. We have a child (boy) aged about 4 years. 4 months ago my wife X had an affair with Y and ran away with him keeping the child in my home. I immediately lodged an FIR before the Police which they registered U/S 366 of IPC against Y. After 15 days Police manage to find both of them and produce them before the CJM. On the statement of 164 CrPC of X she stated on oath that she had solemnized court marriage with Y and thus Y was allowed to go on bail and also acquitted of the charge and Police also filed a final report instead of charge sheet. Now Y left X as he was already married before. Now X is filing a complaint case against me U/S 19,20,21,22 of Protection of Women from Domestic Violence Act, before the court of Additional CJM of the same district. And in her evidence of this case she said that the statement which she gave before was false just to save the accused. Is she allowed to get the custody of child or any compensation which she is claiming. Please, refer judgements on your reply.
Raj Kumar Makkad
(Expert) 26 September 2016
The statement of X recorded by court under section 164 Cr. PC is sufficient to conclude that she has adopted khula and thus is not your wife as per Islamic law hence she cannot demand anything from you, however, the issue of custody of minor child is different wherein the court has to see the welfare of the child. This is based upon evidence so nothing can be got commente at this stage on that aspect.
Rajendra K Goyal
(Expert) 27 September 2016
Oppose her move for filing such application on merit. You have good case in your favor.
The case for child custody has to be moved by her separately.
Raj Kumar Makkad
(Expert) 27 September 2016
The petition has no merit at all and the statement made voluntarily before the trial magistrate cannot be taken so lightly and it binds the petitioner.
