Legal Question in Family Law in India
muslim wife
- couple muslim , 1 daughter. married 2005.
- due to problems living seperate since june 2007. filed a case on 2 april 2008.
- husband claims of divorce , comes with a deed of divorce. divorce done in my absence. I want to challenge this divorce.
- DVA dismissed,lower court orders say two not living together + divorce has hapened according to personal law. IS THIS RIGHT?
- 498A chrgesheet not filed yet. WILL THIS ALSO GET DISMISSED FOR THE ABOVE REASON GIVEN FOR DVA?
- CPC 125 is due for 16 oct 2008. Interim relief denied in DVA, asked to claim in 125.
I want to understand where i stand,? Important is to know whether i am legally divorced or not? Am i eligible to join my matrimonial house even if husband denies for it.
3 Answers from Attorneys
Re: muslim wife
File appeal in higher court.
Re: muslim wife
(a) 498-A is independent of DVA and can be pursued separately.
(b) Against DVA dismissal order, you should approch next higher court.
(c) you can also file appeal against order dismissing application for interim relief under DVA.
(d) you are entitled to go to matrimonial home as the divorce is not legal.
Re: muslim wife
I had carefully gone into the facts narrated by you in your reference.
As I replied to this question earlier, proceedings under Domestic Voiolence Act and case under section 498A of Code of Criminal Procdure are independent.
Even alleged divorce has no bearing on case under section 125 CrPC.
Against the dismissal of your case under the provisions of Domestic Voilence Act ,you remedy to appeal against it.
If divorce has been given according to personal law by your husband , it is valid . Your husband can not be compelled to take you back if he is claiming divorce given by him.
In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.
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