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Arvind Singh Chauhan (Querist) 12 December 2013 This query is : Resolved
Sir,
I contested a case of 125 Cr.P.C.on behalf of muslim husband, on the ground that wife is illegal wife as she has not obtained divorce from her earlier husband before marrying with my client.

But court has ordered to pay maintenance from the date of application. Which is Rs 70000/- in total.

Should I file revision or appeal in district court or may directly approach to HC.what will be better ?

Generally revisional/ appellate court direct to pay maintenance first. But my client can't pay. How can I avoid such directions.

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Guest (Expert) 12 December 2013
Even a muslim lady with out obtaining proper divorce from her husband cannot do second marriage.Challenge the district court order in High Court and simultaneusly obtain a Stay till the dismissal of High Court Suit.Approach High Court with Strong Evidences of First Marriage

ajay sethi (Expert) 12 December 2013
challenge order of trial court in district court first , if yu fail then move HC

Rajendra K Goyal (Expert) 12 December 2013
Well advised by the experts, better first move to district court.

Arvind Singh Chauhan (Querist) 13 December 2013
Thanks Sir ! should I file appeal or revision ?

R.V.RAO (Expert) 01 February 2014
well advised by sri njs rajkumar.

As proof of first marriage,the nikhanama be produced.

BUT divorce in muslim marriages takes place by saying the word "TALAQ" 3 times, by the husband.
is there any way to prove or disprove that the husband said like this?
lawyers familiar with muslim law may kindly clear the doubt.

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