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Zeb   16 October 2020

Muslim family dispute

Sir,
A muslim couple is having an issue.  Wife has been living seperated for more than 10 years when the husband caught her extra marital affair with a guy. She is not only living seperated but also took the children with her and denied her husband visiting the children.
Also she has been taking maitenance from the husband all these years through the court procedure.
The husband has lost lost his job and he is almost in a depression lately. He has no means of earning now,no family support too.

He approached the wife for divorce however she was again asking for another 50 lakh rs from him to give the divorce certificate.
He is in a delimma  as he has been exploited in every possible way, denied his right to see the children , hefty amount of maintenance has been paid by him even after after knowimg she has be in an extra marital affair.

How can man get justice?



Learning

 3 Replies

Nida Khatri   16 October 2020

He can re-approach metropolitan magistrate court for reduction in DV maintenance. 

He can file divorce through Registered Qazi by sending Talaq Nama.( 3 notice in 3 months; not instant talak).

He can marry another lady.

He can approach Family court by filing Petition D ( custody of child by father). Father is natural guardian 

P. Venu (Advocate)     16 October 2020

Yes, there many an option available to him. It is for him take the necessary steps.

Dr J C Vashista (Advocate)     16 October 2020

Request your lawyer to move an application under section 127 of the Criminal Procedure Code, 1973 for modification of maintenance order.

Meanwhile contract another marriage and lead a happy life.

You can seek custody of children.

 


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