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Plshelpmee (sdf)     13 September 2012

Cheated daughter n law (dil)

On condition to quit the job, my friend got married to the guy. SHe was earning 50k and on the demand of the in laws and husband she left the job. But later, after the marriage, she came to know that the husband has illegal affair and he made the illegal affair legal by marring the lady. Because they are muslims, the DIL cannot file bigamy. But she is living separatel with a 8 months old child by this marriage. Totally for 2 years she was jobless and no maintenance from husbands side too. Can she file a cheating case on the in laws and husband for the loss. Because she left the job on their demand and now the husband as done second marriage? (Maintenance case is already going on, but husband very admant not to give maintenance saying his income is 10k and his wife can get a job and earn 50k)

can a case be filled for the loss?

On who all can the case b filed?

How much is d expense for filing case?

 

Please advise?



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 3 Replies

Anish Thakur 7018812737 (advocate)     13 September 2012

respected querist,

this is the genral query we receive about matrimonial life in muslims and very tough to handle with the circumstances but she has not worry ,she can file for maintenance as well as few more reemdies she have for herself and for her children,feel free to call on 9459321520

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 September 2012

In my opinion :-

 

1.  Marrying again is cruelty of the highest order and entitles the woman to divorce under the 1939 Dissolution of Muslim Marriage Act. 

2. If she is unable to maintain herself - she is entitled to maintenance till the point of her re-marriage, in addition to her Istridhan/Dower(Mehr)

 

Bharat Chugh

*Divorce & Dowry Law Consultants. 

1 Like

Ramanathan G (Independent practice)     14 September 2012

Sir, It is looking like due to some mistake of your friend, she got into the bad book of her husband. If he married while having other liaison/ girl friend, he had no reason to insist for her resignation, especially "double income no kid" is present proverb. There was no reason to insist resignation, when he know that if he discard her, she will sue for maintenance and dowry harassment. From the admited fact of upon her husband's direction she had to resign, and when the court case started there is no threat of Goondas to withdraw the cases, it is a clear case of Boy wanted to lead a proper life with a woman who is a housewife. The evidence turns in favour of the boy. There may be s*xual problems (rocks on the bed) either medically, or psychologically, or some ego problems caused by both the side's parents (possible that some relatives of the husband may be preventing her from going to him when alone, and in his presence may be showing entirely decent behaviour). Please contact a female Advocate who will demand less money but will spend more time with you, with honesty in mind. Show my this opinion to her, she will draft a few pleadings and sort out your problems. Wish you happy life and your child the love and affection of his/ her father. Bye. Ramanathan.G 1 pm of 14-9-12.

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