Legal Question in Family Law in India

Hi

I am from New Delhi, India, The question is in regard to my Best Friend, he is very distressed as he is going through a rough divorce case. May be divorce case is not such a big case but it is impacting many lives stuck in this humiliating clutch of mummble-jummble of law.I have complete faith and hope that you will giude us in correct direction, thats why we look up tp any advise you can give. He is muslim guy married in nov 2008 and his wife filed a case of divorse in 2010 january , this case was filed when she had gone to her meternal home and did not return back for 4months. They have a daughter of 3years from this marriage. They had series of disagreements, and it came to a point when he felt he cant tolerate to live with her. He was never a violent husband, and treated her with complete honour and gave her all basic facilites as a resposibility of a man. The wife had a previous affair and did not respect my friend, nor took care of him or his family. She started emotionally torturing the sister-in-laws, Mother-in-law. When she when back to her house, although her brother came to take her to her for a visit to parental house, she packed her whole jewellery and and almost all clothes and she never returned back. Although there had been a very quite farewell to them, but she put a lot of false charges upon him of domestic voilence and attempt to kill her while he went to drop her to her parental home in atroli, Aligarh(altough in truth the brother came to pick her up, there is a proof of him being workingin town). 984 or some thing like thatand that he drinks and smokes(if a medical test is done they can findout that he has never touched liqiour in his life nor ever smoked),she has also involved me in this mess, telling that he and i were in an affair and thats the reason she wishes to divorce, but he has several false charges against him, she is bringing him lot of insults and humiliations in the society.I beleive Probably her lover refused to take her back in his life. Now she wished to return back to his house, he doesnot wish her back in his life because there was no bond between them right from the day they married.

The wife is asking for a compensation of 10 lakh ruppees, and a monthly maintaince amount of 20,000/- He is the only son and he has three unmarried sisters to be married yet, and he is living with a basic lifestyle as a middle class man, by no means he can afford to pay such a high amount. He has a life threat from his brother-in-laws too.

1. if he remarries (as he is muslim)will it save him from her pushing to return back to his home, because more than anything else he wishes to stay off her.

will this be a good solution to the problem to save himself from paying huge amount of 10 lakh or so because she is everyday false filing cases against him and his old parents and innocent sisters. will his marriage to second wife solve this case problems or complicate his life.

secondly, if he marries than they will have better offers for his sisters wedding.

His biggest worry is his sisters marriage and future, (that was one reason he was tolerating her all misbehaviour and disrespect.) SO according to law do you advise this being a solution , or what else can be the better solution to his cases. The cases are in Aligarh , allahbad, delhi and atroli court.

2. What is the risk to me from all these false charges of having affair with her husband, can I be drraged deeper into this mess, as I am not intrested in getting involved, but will surely like to help my friend to come out of this clean.What do u advise to me to do.

3. How can he get rid of her, and why law is so soft for woman, and cannot see that a woman too could be fraud, and she is getting away with her menupulations.

According to muslim laws what you think can be done, and how far muslim law is considered to be correct,I dont have the list of cases with me right now.

4. According to islamic law they are divorced, but nothing is on papers or legally he is still fighting his case. As they are very innocent people got into some very dirty humiliating mess, its my earnest request to guide them to come out clean and with least of hassels

3 Answers from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India

Looking for something else?