DIVORCE PETITION
sakhlain
(Querist) 10 March 2011
This query is : Resolved
Sir,my name is sakhlain ahmed and my mail id is sakhlain.ahmed@gmail.com.my wife went for her first delivery and later filed a false domestic violence case 503/2009.I am already paying a maintainence of Rs.5000.The amount is divided as 1500 for my daughter and 3500 for my wife.The case is in final arguments stage.My question is can I file a Divorce petition now? what will be the implications of a divorce.
Please help me out
manoj r. dubey
(Expert) 10 March 2011
according to muslim law u can give divorce in presnce of kazi or to the shariat board i.e muslim personal law board
Atuliya
(Expert) 11 March 2011
The Wife I guess is not staying with you and probably would not want to stay with you.
What is the status until now of the Domestic Violence case filed by her? You think she'll be able to prove her contentions? The outcome of this proceeding under DV Act would be important in the sense that the demands that the wife has made under Sec 18, 19, 20, 21 and 22 would have to be complied with and your case for Divorce [even under personal law] would not have any material influence on the order passed under the DV Act.
By the way are you paying ₹ 5000 as IM under DV Act or an order passed u/s 125 Cr.PC?