• Need divorce from husband

Sir/Madam. I Am Married Since 10 Year. My Husband had a Problem of infertility before marriage.it was not love marriage but he tracked me as my mother is little strick i just met him once but he used that meeting as he and me in affair things got worst so decided to marry him. After marriage his sister and mother Started to ask about baby. I was unknown with his problem as i was not knowing anything about infertility. After several years things got worst i started to ask him go for checkup but always he yelling at me while saying i have problem . After Seven year my Nephew and his mother invited me to his house as they were very curious about my future so they can let me have a treatment as they knew i have problem but before i go there my nephew force me to let him take test Anyhow so i involve my friend and her husband after they forced the test finally happens. The report was clear " no spermotosua found" he have childhood problem no chances to treat at all. i said to adopt he refuse always. Before i reach to my nephews house. his father already left them alone because of another women without divorce. my nephew is taking care of his two sisters and his mother. I thought i should go there At that time my husband never stopped me to go but after i went he went to his family and spread the news that i stop her but she gone there because me and my nephew r in affair I was unaware about that I stayed there for 2 moths and come back. Now my husband started to stop me to talk with them as his brother left them but i refuse i knew My nephew was dealing with father issue he wanted to get sher on fathers property which was his right but my husband and his little sister not want to sell the property. all 3 brothers r living in different states only my husbands little sister who is 35 year old unmarried is there after death on my father&mother in law. My husband and his sister want to capture everything and force me to live there with her sister but i said to first let your sister get married then i will stay there if you start to work there. Or else cell the property and let everyone take there sher and we will buy house where we are. But he always say you have to live there any how. After some time i knew about the rumor and ask what is going on who said all this to my family he said he dont know. Everyone now believes on him as he him self said. now i decided to die but my nephew says come to me open your shop and live your own am here now since 3 moth i want to give him divorce but he went to my mother and now they calling me come to there so they can let me go with him. He is telling everyone whatever i have done he still love me and want to live with me but other side he calls me and abuse a lot and say "mai tumhe kahi ka nahi 6odunga" you have to come to me any how. I am not willing to go anywhere pls help what i can do i dont want to go anywhere now i need divorce and sher on his property. i m stying with nephews family is it illegal
Asked 8 years ago in Family Law
Religion: Muslim

2 answers received in 10 minutes.

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12 Answers

1) file for divorce on grounds of mental cruelty

2) husband abusing wife amounts to mental cruelty

3) husband having fertility problems but blaming wife amounts to mental cruelty

4) husband maligning wife reputation amounts to mental cruelty

5) in divorce petition seek alimony from husband and interim maintenance

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Hello,

If you are staying with your nephew then it is not illegal.

File a case of divorce on the ground of cruelty and medical conditions.

Also claim the fee that you will give to a lawyer and also claim maintenance.

You have ample laws in your favor, do not worry.

You can claim alimony as a share in the property which is owned by him.

Contact a local lawyer who can help you with the same.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hi ,you can seek divorce on the grounds of mental cruelty and also alimony for your future ..also file petiton under 125 crpc for seeking monthly from your husband

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Apply for a divorce in the Family Court in terms of the provisions of the the Dissolution of Muslim Marriage Act, 1939.

Section 2 of the said Act enlists various grounds on which a Muslim marriage may file/apply for a divorce.

You may file your divorce on the ground of impotency of your husband.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

We can just give you legal suggestions over here.

You will have to contact a local advocate who can file a case for you in the court of law (you may let me know if you want me to guide you for the same)

Also, You can stay here, no one can take your forcefully.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Contact local lawyer in Surat for filing divorce case

2) you don’t have share in husband property

3) you only have right to stay in your matrimonial home

4) you can file DV case seek alternative accommodation from husband

5) also seek maintenance from husband

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

Get in touch with a local lawyer specialising in family matters at Surat so that he may apply for a divorce on your behalf.

You will have to appear before the Court and associate yourself with the divorce proceedings. Hence, this is no possible without your presence and cooperation.

In the meanwhile you may continue to reside at the place where you are currently living.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Madam, you have many option but first of all contact a local lawyer who practice at local district especially a family law lawyer, following are the option available to you.Apply for a divorce in the Family Court in terms of the provisions of the the Dissolution of Muslim Marriage Act, 1939.

Section 2 of the said Act enlists various grounds on which a Muslim marriage may file/apply for a divorce.

1) file for divorce on grounds of mental cruelty

2) husband abusing wife amounts to mental cruelty

3) husband having fertility problems but blaming wife amounts to mental cruelty

4) husband maligning wife reputation amounts to mental cruelty

5) in divorce petition seek alimony from husband and interim maintenance

6) file an application 125 Cr.P.C for maintenance.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

Dear Client,

File divorce on ground of impotency.

No right in husband property but maintenance right -

As court says below -

In Shabana Bano v Imran Khan, the Supreme Court held that a Muslim divorced woman who has no means to maintain herself is entitled to get maintenance from her former husband even after the period of iddah and she can claim the same under S.125 CrPC.[8][9]

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If you have decided to dissolve the marriage with him and want to live separately away from him, you may better file a contested divorce on the grounds of mental cruelty citing all the incidences that took place in your life till this date.

Let him challenge the cases as per law, you dont bother to rejoin, the law cannot force you to live with him against your willingness or wishes.

Consult a local lawyer and proceed as per the advises received.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You first consult with an advocate in the local, explain him all the problems you have faced so far in your married life.

You can make a mention about the properties in his name and seek suggestions to how to get a share in it

You can file a maintenance suit seeking maintenance from him and also to keep charge on his property towards security for the maintenance amount to be granted by court.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You need to file the divorce petition on the grounds of mental cruelty in the court of law with the help of any local good advocate. Try to collect all the events and evidences which is important for your case.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

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