• Sexual assault and mental torture

Hi, I’m a working woman of age 32 and got married on May 2016 to a person because of emotional black mail by my parents. I didn’t speak to that person before my marriage got fixed. After that I spoke to him before marriage and came to know that he is not right person for me. I fought with my parents but in vain. Finally after so much of emotional black mail I convinced myself and married with an open mind giving him a chance. He works in Saudi and after marriage he has to return back in 1 month. From the day one of marriage he was back of me to make me pregnant with in one month and go back. He started sexually assaulting me. I explained him this is not right, planning of baby can be done one after we both get better understanding between us. But this went on for one month he was forcing me. It was like trauma to me. While he was leaving back to Saudi, I explained him to give me sometime to recover from this trauma. He started torturing me by continuously calling me and sending lengthy texts it went on. He was back after six months and I told him I will come with you only if you don’t touch or force me for sex this the last chance I am giving u. In four days he was trying to get close to me by one or the other means. I ran back to my working location then I get messages that he want to spend one night for baby point of view, but I refused. He went back to Saudi and started continuously torturing me with his calls and lengthy messages. I went in to depression and started getting panic attacks, tried to commit suicide so many times. Now I am undergoing phsycatric treatment. My parents are not supporting me. From then i am staying awaying from him. I have decided to get divorce from him but he’s not agreeing and irritating me. He is behaving so innocent before my parents and their family and defaming me. I kept him away for 2 years from me staying at a different place and blocking his all contacts. Now his parents are arranging a discussion in front of Qazi and demanding to return back all the items like meher, magalsutra. I am ready to give all these but he is still not ready for divorce. I don’t want to go back to him because he spoiled my relation with my parents, now they are saying I am dead for them. He is also spoiling my social image contacting all my friends. I need advice what are the points i should say infront of Qazi , so that they should not go into tangent that i should stay with him or give him a chance. I dont have any one to support me, i alone have to talk. I am self made women outof home from 10 years built my career and in respectable poistion, They will surely try to degarde me by talking about my charecter.
Asked 4 years ago in Family Law
Religion: Muslim

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

1) You can explain to Qazi that marriage had took place against your wish and forcing parents to ready you to marry with your husband who had emotionally blackmailed to your parents.

2) Tell all truth what you feel about him and you you look at him and what are your goals in the life and first needs to understand each other well to continue marriage life. you could not feel comfortable that you are staying here and he in Saudi.

3) So you wan divorce from him, because of his cruelty, sexually and mental harrassement. In the form of physically and mentally.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You should seek Khulla from your husband

2) offer to return all gifts received from husband

3) if your husband has forcible sex withyou it is not an offence as you are his legally married wife

4) divorce by mutual consent is best option

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

See you have better option then going to Qazi file a divorce before the family court under section 2 Dissolution of Muslim Marriage Act,1939 on ground of cruelty by husband further you can seek maintenance from you husband.

Further alternatively you can present before Qazi keep the point that husband has harassed you and had treated you with cruelty so if he is ready for mutual divorce as per personal law then it is good otherwise you will file before court along with the domestic violence charges due to which you have suffered mental harassment. The husband will surely agree in case he does not then you can seek help of court instead of Qazi.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi

1) Muslim women in India can get a divorce from their husband through two customary ways-

a) One is through their personal Sharia law through Tafweez

OR

b) By approaching the family court under Dissolution of Muslim Marriage Act, 1938.

2) It appears that your husband is choosing to approach the Qazi , so as to force/impose his terms of continuation of marriage/ Divorce on you.

3) Assuming you choose to go through Khula which is your right to seek a release from the marriage bond, your husband is not forbidden under Islamic law to ask for return of Mehr or a part of it and the Qazi has authority to grant the divorce subject to the wife fulfilling requirements to return the mahr and compensate the husband by reimbursing him for what he provided during marriage, unless the husband is willing to forgo it, (which the Qazi usually encourages.

4) Please note that under Muslim Personal Laws

a) If you have asked for Khula, the husband cannot force you to stay with him.

b) Divorce must be granted by the Qazi in the event of you asking for Khula and agreeing to return the Mehr items

c) No personal defamatory comments are to be used between the parties once the Khula application has been made.

5) You can choose to file a defamation case against your husband under section 499 , 500 of IPC even during the subsistence of your marriage or anytime before filing of Khula. Your pre-emptive filing of definition of Defamation case will surely restrain your husband and in laws from making unwarranted comments on your social image and character.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Marriage is not considered a sacrament among Muslims but rather a civil contract with "spiritual and moral" undertones. Therefore, legally, the marriage can be dissolved for "good cause."

You have the right to have the marriage dissolved on the grounds of Khula if you have decided you cannot live with your husband, wherein you'll be made to return the mahr. Once the husband has consented to such kind of divorce, it becomes an irrevocable divorce and he cannot even cancel the divorce on the ground that the consideration was not paid to him.

A muslim woman can also get divorce from her husband under section 2 of Dissolution of Muslim Marriage Act, 1939,under various grounds which includes cruelty by husband.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Firslty, in every law irrespective of the religion if there is no from the side of a women for sexual intimation then it’s mean a clear no.

Secondly, this may be the reason for continuing discussion of making the marital rape as an offence, but didn’t come out due to some hidden consequences for the society as a whole.

Thirdly, still it can be reported and ask for the divorce as it is very well accepted by the judiciary of our country to safe a woman from this king of sexual assaults.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

First of all, your are subjected to marital rape, in human behavior, no marital ties/obligations performed by husband except being physical, social stigma etc. Suicidal tendency due to his mental cruelty.

U can also claim maintenance u/s 125 CrPC.

Mehr and such other rights Muslim women entitle to after divorce under

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986

If no due solution from Qazi file for diovrce under THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939.

Read Sec 2 of the Act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you do not want to continue this marriage with him, you can very well file a divorce case against him on the grounds of cruelty under section 2 of the Dissolution of Muslim marriage act, 1939.

It is not necessary that you have accept the decision that is thrust on you by him or his representative, even the Qazi has no rights to decide your life.

Only you can decide what can be done to secure and safeguard your future and life.

You can consult a lawyer in the local and proceed as per the advice received.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

They can't force you to stay with him. If he is not divorcing you in front of kazi then you can file divorce in family court

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer