• Marital issue

Hi All,
I got married on 18-Sep-2017 to MBA guy who works as Finance executive in MNC ad I am also working as Systems engineer in MNC in same city.
We were happy for 2 weeks post marriage and we were in relationship also.
I came to my parents home on 6th Oct'17 and during that time i invited my husband to come and meet me when my husband came to my home on 8th oct he came with lot of complaints that I dont know perfect cooking my brothers dont give respect to him and if i take favor of my family he will keep me at my parents home only and will not take me back. and on the same day when my brother called him up to know the reason about his sudden behavior change that call ended up in minor argument and post this i.e 8th oct my husband never use to call me.

Then on 22nd oct when i called my father in law to take me back to his home somehow my father in law agreed and he came with family and few other relatives and took me back to in-laws home but my husband and mother in law intention was not good and looks like they just came to take the gold back to their home which i wore and came on 6th oct when i first left my in laws home.
From 22nd oct - 9th nov i was at my in laws home but my husband never spoke to me and he was living separately in separate room may be he is impotent.
On 9th nov, again he sent me to my parents home to get treatment complaining that I have problem shouting at night(once i had a bad dream and i got up scared) so he took that as a reason now to send me back to my parents home.
On 19th nov when i came to my in laws home with my elders my husband didn't allow me in and took us to some neighbors home to have meeting. There also he said he has lot of problems with me and cant stay with me and was putting all false blames on me all minor like i don't respect him his parents. Listening to him my parents got angry and that ended up in some man handling fight b/w my father and his father. 
My parents took me back to their home and from then on i.e 19th nov I am at my parents home till now and he has blocked my contact and he is not staying at his home also and I have inquired at his office and he is on long leave.
I didn't file any case on him and was trying to talk to him through some counselling centers but he didn't turn up. Now my parents wants me to leave him thru Khula (Muslim way of getting divorce from girls side).I want to patch up.
Asked 6 years ago in Family Law
Religion: Muslim

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17 Answers

Try to reconcile with him if you feel like patching up with him if he is consenting to your needs and requirements. So if you want to patch up dialogue with him is only remedy if the talks don't work you can go forward with the court options.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

"We were happy for 2 weeks post marriage and we were in relationship also."

" he was living separately in separate room may be he is impotent."

your above two statements are contradictory.

better to settle the issue by involving elders of both family, you can also approach mediation centre or legal aid centre of your area for patch up mbetween you and your husband.

for further clarifications, you can call/mail me.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. Since you want to 'patch up' you may file a DV case under Section 12 of DV Act to seek protection order to put an end to all acts of domestic violence. Apart from seeking protection order you can also seek residence order in the shared household of your husband.

2. The court can also refer the matter to mediation to iron out your differences.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It appears your husband has decided to break thus marriage for reasons best known to him.They seems to be greedy person and may for dowry they are acting like this.

So you can talk to them to know their actual reason.

If both of you stay separate from his family for sometime the differences may be sorted out.

Otherwise go for Khula only.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1) your parents are your well wishers

2) there is no future in your relationship

3) your husband is impotent and has not consummated the marriage

4) best option is for divorce by mutual consent ie khula as per provisions of muslim personal law

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

1) you cannot claim residence order on your father in law home

2) if your marriage is consummated you cannot say your husband is impotent

3) engage a detective agency to trace your husband

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

hi,either you can give khula or if you want to fight legally you can proceed by filing civil proceedings against him

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. File an habeas corpus petition to trace him. Launch a man missing complaint in the police station.

2. If it is in your in laws name, then you don't have right to disturb them as per supreme court judgments.

3. Your query is not clear to answer.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Madam,

As you are saying that the house where you and your husband last resided together after your marriage is on your father-in-law's name, you cannot claim residence order as the property is your father-in-law's self acquired property and he has absolute right over his property and it is his prerogative to allow or not to allow you to stay in his house when his own son is not living with them. File a missing complaint in the jurisdictional PS where you are presently residing. Provide all the details of your husband i.e., workplace details, his TL's phone number etc. The police will trace out your husband. You have strong grounds to file many criminal as well as civil cases against your husband, but since he is not traceable as of now, wait till he is traced out. Once he is in reach, you can file cases against him with the help of a lawyer. All the best!

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

1. You can claim residence order if your husband was residing in the house of your father-in-law. It qualifies to be a shared household under DV Act.

2. You do not require his number to file the case. What you require is the residential address.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

say that your parents want to end this marriage by khulanama, whereas you want to patch up?

At one point you mentioned him to be impotent since he stayed in a separate room., what is your idea on this?

Whether your marriage was consummated or not?

If the marriage was not consummated and he is not agreeing for mutual consent divorce, i.e., khula, especially when he is refusing to have conjugal relationship, may he is impotent, hence he is not interested ion sexual relationship.

You can then file a contested divorce on the same grounds under the provisions of section 2()v) of dissolution of muslim marriage act, 1939.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Since you are also into software industry, you can very well call on his office and personally meet him or verify the details about him.

2. You can very well claim residence in that house since it was the last place where you resided with him together.

Let your inlaws object to it in the court of law.

3. If the marriage was consummated then he cannot be held as an impotent.

Then there is no other reason than to file DV case, and seek for protection and residential rights.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Yes you can claim the residence at the property which belongs to his father,

2. If they are taking such stance, then you being the wife lodge an FIR of misding against your husband.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Since you want to patch up, file a petition for restitution of conjugal rights. That's because you husband has abandoned and deserted you without any just and sufficient cause.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

As advised, you could also take recourse to domestic violence and file a complaint under the same and obtain residence order.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) Try to call him by the via of counselor, please check with counselor.

2) In your case husband is to responding and the owner of house is your in laws.

3) Are you working women?

4) there are so many factors in your case that needs to be answered by you

5) As you said your parents wants khula from him, but you don't, try to keeping calling him and set your separate home with your husband if yiu are working women.

6) Give him last chance to talk in front of counselor otherwise go via court, than court will send him summons, after summons is delivered to him by default he had to present in the court.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

With so many advices you have, please engage one local advocate/counsel.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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