TWIST IN FAMILY COURT MATTER

Querist : Anonymous (Querist) 18 March 2011 This query is : Resolved
There is a twist in my divorce case in the family court. Section 125 was filed for by my wife who is the petitioner.
Now after we wanted her lawyer out fore various reasons, her lawyer has now suddenly brought out an arguement that I am not Muslim as I have been married as per Shia law 25 yaers ago.
Now suddenly he satets that he has been told that my father is a Parsee as someone as just met my wife and told her after 25 years of our marriage.
Her lawyer says that I betrayed her and wants a DNA test. He claims that I have lied to her and am not a muslim. As per this factor he says that it accounts to 23 yaers of rape and he will put a criminal case and get me behind bars.
I have 2 boys out this wedlock of 23 and 14 each.
Just to go into the worst and if proved what they say is right, will I be accused of rape for 23 yaers and imprisoned for 7 to ten yaers.
Bothe my sons are residing with me and the younger ones custody had been by his choice in my favour through the court.

Kindly guide
Regards

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Jitendar Kumar gupta (Expert) 18 March 2011
no you have not done any rape. you are muslim and under the law you are liable to pay the maintenance to your wife. it ends the matter. if the lawyer is threatening then you have to complaint Bar council of that state mentioning all the facts . If you wants more information/ advice please call at 9868529732

Devajyoti Barman (Expert) 18 March 2011
You did not mention what is the status of the divorce case and how the lawyer is making such allegations. If she has raised such allegations in her written statement and in the petition for maintenance then it should be counter as a mere allegations and the onus upon her only to substantiate the claim. Most importantly if the allegations untrue then you have nothing to worry.