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HIDAYATHULLA KHAN (Business)     22 June 2010

G&W

A DIVORCE WAS HAPPENED AS PER SHARIATH 3YEARS BEFORE LATER THE HUSBAND ASLO MARRIED AND THE WIFE ALSO MARRIED THE CHILD WAS WITH THE GIRLS PARENTS THEY ARE TAKING CARE OF THE CHILD . NOW JUST TO TAKE REVENGE THE FIRST HUSBAND AFTER 3 YEARS GAP HAS NOW FILED A CASE OF G&W FOR THE CUSTODY OF THE CHILD , NOW THE FATHER OF THAT CHILD HAS ALSO 2 CHILDRENS BUT THERE IS NO DOCUMENT PROOF ABOUT HIS MARRIAGE . WHAT WILL HAPPEN IN THIS TYPE OF CASE



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 4 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     22 June 2010

Was there a writing about the child's custody during the divorce as per shariah ? If the husband had agreed that the girl's parents taking custody of the kids then it will be beneficial ...

U say that both the said divorced husband and wife remarried ... husband has two kids but no documentary proof of second marriage  .... if u say he has two kids .... surely this is proof .... 

since the husband had neglected the kids for last 3 years .... he will not get custody of the child ..... 

HIDAYATHULLA KHAN (Business)     22 June 2010

AT THE TIME OF DIVORCE THE HUSBAND WAS AT MALDAVIES HE WAS WORKING AS AN TEACHER , HERE WHEN HE WAS ON VACATION HE STARTED TO TROUBLE THE WIFE AND TOOK THE CONDITION TO EXTREME AND THE WIFE WAS FORCED TO GO TO HER IN-LAWS BY THE TIME THEY CAME BACK TO IN-LAWS ALONG WITH THE PARENTS OF THE GIRL TO ENQUIRE THE HUSBAND HAD LEFT BACK TO MALDIVIES IN JUST TWO DAYS ,THE PARENTS OF FIRST HUSBAND SUDDENLY GATHERED ALL OF THEIR RELATIVES AND MADE A HUGE SCENE, THEN THE GIRL AND HER PARENTS WENT TO THE WOMENS POLICE STATION AND GAVE AN COMPLAINT AND BY THE TIME THE POLICE WENT TO ARREST THE HUSBANDS PARENTS THEY ALSO WENT HIDING, LATER THEY APPROACHED THE MASJID COMMITTEE SEEKING FOR COMPROMISE AND THE MASJID COMMITTEE CALLED UPON THE PARENTS OF THE GIRLS AND CONVEYED THE MATTER , THIS WAS AGREED AND A MEMORANDUM OF UNDERSTANDING WAS PREPARED AND A NUMBER OF CONDITIONS WERE PUT UP AND IT WAS SIGNED BY THE FIRST HUSBANDS PARENTS AND FAMILY MEMBERS TOTALY 5MEMBERS AND THE WITNESS AS THE MASJID COMMITTEE PEOPLE. AT THAT TIME AN QUHLA PAPER WAS ALSO PREPARED AND HANDED OVER TO THE HUSBANDS PARENTS TO GET IT SIGNED BY THE HUSBAND WHO WAS AT MALDAVIES , LATER AFTER 10-DAYS HIS PARENTS BROUGHT BACK ONLY THE FAX COPY OF THE QULAH PAPER SAYING THAT THE ORIGINAL WILL BE HANDED BACK LATER AS IT IS BEING SENT BY POST AND THE FAX COPY WAS THE PROOF FOR SPEEDY PROCESS , THERE WHAT THE FIRST HUSBAND HAD DONE IN THE FAX COPY WAS HE HAD CHANGED HIS SIGNATURES , BUT AT THAT TIME NO ONE NOTICED IT AND THE MASJID COMMITTEE INTREVENED AND MADE THE COMPROMISE PROCESS . AFTER 2 YEARS THE FIRST HUSBAND STARTED TO FILE CASES STATING  THAT HE DID NOT SIGN THE DIVORCE PAPERS AS HE WAS AT FOREIGN AT THAT TIME AND ALSO HE CHALLENGES THE SECOND MARRIAGE OF THE WIFE AS BAIGAMY AND IS TROUBLING A LOT BASED ON MONEY POWER. HE IS CURRENTLY PUT UP AT HYDERABAD ALONG WITH HIS WIFE AND CHILDRENS . WE HAVE NO DOCUMENT PROOF . HE HAS FILED A G&W  FOR THE CUSTODY OF THE DAUGHTER BORN TO FIRST WIFE WHO IS BEING LOOKED AFTER BY THE PARENTS OF THE FIRST WIFE THIS IS A WERY COMPLICATED CASE KINDLY GO THROUGH THE DETAILS AND REPLY ME SIR

HIDAYATHULLA KHAN (Business)     07 July 2010

NOW THE WAQALATH WAS APPLIED , AT THAT TIME THE OPPOSITE LAWYER HAS ASKED FOR PERMISSION TO MEET THE DAUGHTER TWICE IN TWO MONTHS CAN WE IN ANY MANNER MAKE HIS REQUEST REJECTED THROUGH THE COURT ,

HIDAYATHULLA KHAN (Business)     07 July 2010

IF MY LAWEYER DITCHES ME WHAT SHOULD I DO FURTHER HOW TO PROCEED FURTHER


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