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Faiyaz Momin (CSA)     05 March 2014

Divorce petition

Hi,

I come from Muslim Religion, DV case has been filed by my wife on me & other 5 Members of the family, Argument stage had yet not started, I have a 4 yrs physical Disable daughter, & her custody is with me. On the last date opposition lawyer met my lawyers assistant and kept proposal of divorce. All they Allegations filed in the DV case from there end were fake, and only for Divorce they have filed the DV case, After a brief discussion my lawyer is suggesting to go for divorce & close the counter file of DV. At last as always being on the right path getting pressureized and getting forced to take the first decision from my end. .

I dont want to leave my wife, i want to have a word with her before taking any decision, but lawyer is saying they will not allow you to meet her, If i reject their divorce offer there may be chances of negative reactions coming back from there end, At end my proposal is, is she wants to leave me as per her wish, she can do so, but divorce application (khulanama) should come from there end, after that i will take my decision.

Looking into this pls suggest me what step should i take.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2014

If the other side lawyers are insisting on divorce, you may opt for the mutual consent divorce (khulanama), this will sort out many post divorce legal tangles/issues.  If you go for talaaq, it may pave way for other issues like maintenance  etc., so better suggest that your are ready for khulanama or contest the cases against you on merits.


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