1) I am a Muslim , DV filed by my X , 2 years after she left the house . I divorced her thru a notice by lawyer and remarried .
2) her stand - that she is not aware of divorce , she was thrown out and a typical DV matter applicable on me and my parents . Need maintence / house /car etc - she is graduate admitted in her evidence
3) After filling Dv , she has filed RCR- one and half year later & custody of children ( aged 16G & 19B)
While both cases are running and it is at evidence stage - her evidence and cross is over - where in no concrete evidence of DV is highlighted or produced they have been only happing on some story of extra marital affair .
4) now its evidence frm my side i have been crossed for over 4 months final over . - Shd i proceed with my further evidence like my parents and others
What shd be my further course of action , Am i heading right
Asked in Family Law from Gurgaon, Haryana
1) has your wife challenged the talaq given by you ?was divorce preceded by attempts at reconciliation ?
2) as far as child custody is concerned after age of 7 custody of son is with father . you should draw attention of court to said fact that your wife cannot be given custody of children as per your personal law .
3) welfare of children is paramount consideration and their wishes must be taken into account
4) you have to go by your lawyer advice whether it is necessary to examine more witnesses . it would depend upon allegations made in DV complaint , evidence on record till date
5) if your ex wife is not working court will award her maintenance and also alternative accommodation
Yes, you are in right course of action.
However at the beginning you should have challenge the maintainability of this case on the ground of talaq.
Now concentrate on trial.
1. Since you are a muslim you could divorce her by sending her a khulanama through a qazi which she can challenge in the court. Divorce through a lawyer is no divorce.
2. If she is a graduate she is disqualified from claiming maintenance.
3. You should proceed further with the evidence of your parents and others if it is deemed appropriate. Only your lawyer is in a position to take a call on the necessity of their deposition.
The case needs to be gone over with the evidence hence let the evidence proceed. Stick to your story and let it corroborate the evidence as produced by your parents. What is the stand of your children?
If you have strong evidence to defend your case and the witnesses who you propose to depose evidence in your favor will not mess up things and will support you strongly, then you may go ahead with further evidence in your side.
If you feel even slight distraction from the main line, better not to under go a risk on that lines. You can close your evidence and prepare for a strong argument based on the depositions from both the sides.
1. You are proceeding correctly,
2. This is the standard procedure,
3. You should not proceed for your further evidence and complete the same.