• case is on court but i want to marry other lady

i am n muslim man befor 10 yrs i got married n i m having 2 kids but my wife is not living with me from past 7.5 years n knw she filed a case against me in jhansi famly court but i dont wont to live with her do i can marry other lady who is already divorced becoz from past somany years i m living alone so plz sugesst some gud
Asked 3 years ago in Family Law from Jhansi, Uttar Pradesh
Religion: Hindu
in this case, have you filed for petition for restitution in family court ? as far a divorce in Shariat is concerned you can give her divorce in the presence of two witnesses and pay her the meher and iddat amount and settle the issues. however, you would have to provide for the maintenance of two children so that they do not suffer from destitution; which can be enforced through court under various provisions like sec. 125 cr.p.c and domestic violence act etc.

thanks
Feroz A. Shaikh
Advocate, Mumbai
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