Legal Question in Family Law in India
i am married since 2008 and muslim by birth,ours was a nikah marriage afterwards my wife without i being in the register office obtain registration and she also obtain my mothers signature on the certificate as witnees. a few months back she filed domestic violence case against me .during the pendency of that case a maintenace case was filed subsequently she filed a divorce case.all cases are pending before the court.in dv acse she has raised allegations against my father and mother who are old parents .we do not have children and she is a government teacher.Now my questoin before you is that why court is admitting her cases one after another without disposal of the previous cases or one at a time.and secondly if i contest the divorce case and the verdict goes in my favour,do the court will restrained her from claiming anything under the said divorce .do contesting the divorce application pending before the court will help me in any way such as not paying maintenance to her or any alimony .pls help me i am shattered .And secondly i want to know during the pendency of this cases , can i marry someone without waiting for the outcome of the divorce as being a mohammadean i have the right to do so or is that being my marriage a registered marriage ,i am barred from marry another woman Without divorcing my wife .pls put some light on it.last but not least i want to mentioned here taht at the time of filing the dv case by her ,i sent a notice through an advocate asking her to returned back to me but she did not reply to that notice and started filing cases after cases. as i mentioned earlier.if i win in all the caseses ,how i shall be benefited regaring financial issues such as maintenance and alimony, she being a workin woman and we have no children,help .and also can i filed any case against her or can i go for mutual divore without contesting the divorce acse .what will hppen ,if i go for mutual divorce and its outcome.my engaged lawyer has advised me to contest the acses. i have tried my best to bring her back with the help of my family and friends ,pl shelp me
2 Answers from Attorneys
she is within her right to file cases .there is no bar as to howmany cases she can file .You should contest the cases and if she looses the divorce case she shall still be entitled for maintenance.having said that pleas get your case referred for mediation or counselling.Istead of litigating amicably settle the issues.
1. If your efforts to bring her back have failed, there is no point in contesting divorce.
2. You should start making payment of maintenance amount as per your 'capacity'.
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