• Divorce

I married a Muslim individual on June 4, 1996 under Special Marriage Act. With the pressure from his family, I had to undergo Nikaah on June 6, 2014. We have two daughters aged 16 and 14 years. Last three years, more precisely last one and half year we are unable to adjust with each other. Though he stays with us in the same flat, but we are separate in every respect. Because of society and also because of the safety of our daughters we are still continuing to stay under one roof.We have two flats in Pune. The first one is on loan and we both are joint holders. Apart from that, my (late) parents contributed Rs.2.00 lacs towards purchase. Second one is in my name only. We have a plot, eventhough I have paid the total amount including registration amount, it was registered under his name. I want divorce from him. He is forcing us to follow his religion. Myself and my two daughters dont want to stay with him. Please suggest the best possible manner   I can get divorce from him. What is the time period required? Regards. Arpita
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) file for divorce on grounds of cruelty . 

2) seek custody of your 2 daughters 

3) contested divorce petitions take around 5 years to be disposed of 

4) best option is to go in for divorce by mutual consent . 

5) consent terms can be filed in said mutual consent divorce petition wherein you  are provided for maintenance for your self and 2 daughters .
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Please proceed for divorce under the special marriages act as there are requisite provisions given in it. You can spell out the details of the property and or other assets you want at the time of divorce. if it happens by mutual consent even better for which you may talk with your husband.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
1. If both of you are so willing then go for mutual divorce.

2.  In that event or even if that does not happen the properties will remain to the persons in whose name it was purchased. The person will not be considered its owner even if she provides the money for it if her name is not mentioned in the sale deed.

3. So you will get only those properties here your name is there and forget those where your name is not there unless your husband is ready gift the same in your name through registered deed of gift.

4. For mutual divorce time is 6 months but for contested it should not be less than 5-6 years.
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
Hello,
1) If he does not agree to sign a petition for Mutually consented divorce( a petition jointly filed) you have the option to file for divorce unilaterally.

2) It will take a few years if the divorce is contested by your husband. It can take 3 to 4 years.

3) Choice of religion and the practice of it a totally individual choice and no one can coerce anyone into following a particular religion.This itself can be one of the grounds for seeking divorce. 

4) Regarding property a decision will have to be arrived at. Of the first property jointly owned in Pune will have to be equally divided between you. However you can get the proportionate share for the contribution of Rs. 2 lacs made at the time of purchase if you can prove the same.You don't need to share the one in your name. You can claim the worth of the plot as  you paid for it provided you are able to establish that you made payment towards it.

5) What you can do initially is to send him a legal notice( though you are staying together) asking him to come forward for a Mutually consented divorce.If he agrees for it you can obtain divorce in six months and settle matters of property amicably through a consent terms drawn up. Alternately you can file for divorce unilaterally.

6) You also can file for permanent custody of the children.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
you can file divorce petition before family court/ district judge court. when both parties to the marriage are from different religion then their marriage related issues are considered under terms of special marriage act. under this act a wife may also present a petitioner for divorce to the District Court on the ground.-

(i) that her husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality;

(ii) that in a suit under Sec. 18 of the Hindus Adoptions and Maintenance Act, 1956 (78 of 1956), or in a proceeding under Sec. 125 of the Code of Criminal Procedure, 1973 (2 of 1974), or under the corresponding Sec. 488 of the Code of Criminal Procedure, 1898 (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.

(2) Subject to the provisions of the Act and to the Rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the Special Marriage (Amendment) Act, 1970, may present a petition for divorce to the District Court on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

if you have any evidence that your parents had given 2 lakh rupees then that money will come under your personal property and you will get setoff upto that amount towards ownership.  
you are not bound to profess Muslim religion, he has right to claim ownership over the property registered under his name, Benami property act will apply in this case.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. If you have not converted to Islam, you can file a divorce suit against him as per SM Act,

2. Contested divorce may take 2/4 years to be disposed of,

3. It will be wise for both of you to go for mutual consent divorce which will be over after 6 months after filing it,

4. The property registered in your name will be owned by you legally and similarly he will be the absolute owner of the properties registered in his name.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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