Legal Question in Family Law in India
Respected Sir,
I am a Muslim, and after 17 years of my first marriage (3 children�s) I have gone for a second marriage, both wives�s are Muslim & were aware of each other and staying in separate house, after eight months my second wife refuses to stay with me and brought scandalous charges against me, while staying at her father�s house she filed S.125, DV and 498, 406 against me, except others only S.125 maintenance judgement was ordered to pay 1/3 of my salary (sizeable amount). I want to ask when both wives�s were aware (documentary proof was placed in court).
1. Can second wife is entitled for a separate maintenance if she is refusing to live with me.
2. Can second wife say she is refusing to live with me because of first wife?
3. Can we bring stay on the maintenance order while applying in upper court?
2 Answers from Attorneys
Yes to all three questions.
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