• Husband's cruelty and relationships with other women

I am a Muslim woman. I got married on March 2003, I have two children daughter aged 14 and son 12 years old. Even before I married my husband, he already had married one more Hindu lady secretly and made her pregnant, which he forced her to abort. After 15 months passed of marriage I came to know that he was already married and had kept me and my family in dark. As years passed on I came to know that my husband is having affair with 3 to 4 girls, with whom he was having physical relationship. If he had any fight with his parents or in office, my husband used to beat me and still it’s on going. He had also attempted rapes on me on several occasions, even when I was pregnant. When I came to know about the physical relationships with other females, I stopped him from having physical relationships with me, but instead he forced and raped me on several occasions. I am on a verge to finish myself, the only reason I am still alive are my children, because I know if I finish myself my husband is not going to take care of them. My mother had given 15 tolas of gold during my marriage, my husband had sold that gold and not giving me back, if I ask him he says “do whatever you want to do I will not give even if you complain in police”. I am been torched mentally and physically from last 15 years, please help me please. He earns a lot but doesn’t give a single rupee in my hand, so I literally had begged for money in front of him. He used to say “beg in front of me only then I will give you some money”. One day he also tried killing me, but my children started crying loudly, due to which my neighbors’ stopped him. He also has property in his name which he had kept secret. Currently he had also enrolled himself in a matrimonial site, on which he had contacted several women and trying for another marriage.

I just want to know if I file divorce in court against my husband, can I ask for one of the property to be transferred on my name, so that I can take care of my both children. Please help me. 

Email id : - [deleted]
Asked 2 years ago in Family Law
Religion: Muslim

3 answers received in 10 minutes.

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14 Answers

Hello,

Yes you can ask for the property.

You may go ahead and file a case if divorce.

A case for domestic violence also can be filed.

You can file a petition under section 125 of the the Code of Criminal Procedure and claim monthly sustainanence for yourself and for the children.

Regards

Anilesh Tewari
Advocate, New Delhi
17863 Answers
324 Consultations

5.0 on 5.0

Mam firstly file a case of domestic violence and cruelty as a complaint with the police along with the attempt to murder and beating.Ask for maintenance and residence under DV act.

Secondly file a 125 crpc case for maintenance for you and your children.

Thirdly stay separately and file a divorce on ground of cruelty and adultery under dissolution of Muslim marriage act. As in India you don't have right on property but has right of maintenance for yourself and children.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
131 Consultations

5.0 on 5.0

This is my response to you:

1. First I would suggest you to go for mutual consent divorce. The mutual consent divorce is instituted by wife and is known as ‘Khula’. It comes into existence when the wife makes an offer to the husband for the termination of the matrimonial alliance, with due consideration, and the husband accepts it;

2. The marriage can be dissolved through a judicial process by a petition filed by either party in the qadi court to obtain divorce, but they must have compelling grounds for obtaining divorce;

3. Since so much cruelty has happened to you, you must first file a criminal case against in the nearest police station;

4. In the divorce case, file for full custody and no visitation rights to your husband;

5. Also ask for maximum maintenance under the The Muslim Women (Protection of Rights on Divorce) Act;

6. Usually the court does not transfer property, but can force the husband to make an arrangement for rented property of which the rent will be paid by him;

7. Consult a local lawyer and take steps accordingly.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

First thing you need to do is lodge a police complaint. Then if you are injured get a report from civil hospital.

You can take protection of the domestic violence act.

Court can grant you shelter orders and also interim maintenance from your husband to take care of ur children.

Further you can seek help of a lawyer to register further offences against him for cheating, causing you harm and taking your stridhan etc.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

Dear Client,

On sited incidents, divorce will grant to you and entitle to maintenance for you and your daughters.

You can also claim separate accommodation for you and recovery of gold through police complain. Once complain filed he is bound to return otherwise jail.

Acc. to me he is manic and into fifty shades of gray kind.

For any physical injury next time, rush to police or call 100.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Dear client.. meet a Lawyer immediately...and file Divorce case against Ur husband on the ground of cruelty, Adultery, and cheating..

Collect all proofs as he has physical relationship with other girls.. before marriage he cheated one girl by making pregnant.. and now enrolled him self in matrimonial site to marry one more girl...

And tried to kill u..

U will definitely get one of his property.. maintenance/alimony...

Be strong fight for u and Ur kids ... All the best

Kavery Anand Pandharpurkar
Advocate, Bangalore
319 Answers
12 Consultations

Not rated

Hello,

File a case under section 498a, 406, 506, 329 ( if you can show injury) of the IPC.

Moreover file a case under section 125 of the crpc for maintenance.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2922 Answers
6 Consultations

4.7 on 5.0

1) you can file complaint against your husband under section 406 of IPC and seek return of your jewellery

2) you can divorce your husband as per Muslim personal law

3)you can seek maintenance from husband for yourself and children under section 125 cr pc

Ajay Sethi
Advocate, Mumbai
82096 Answers
5156 Consultations

5.0 on 5.0

Hi,

You may file cases of domestic violence against him and take protection orfers against him.

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

Hii

Greetings of the day

I don't understand why you have to through this torture and pain and can keep silence....

Please go and file complain... And divorce under curelty... Record every and make evidence.

Rita Rajput
Advocate, Thane
181 Answers
2 Consultations

Not rated

The muslim personal laws however makes it clear that a divorced muslim wife is only entitled to maintenance till her remarriage that means if the divorced muslim wife after the period of Iddat marries someone else then she looses her right to claim maintenance from her first husband as now it is the duty of her second husband to maintain her. Muslim wife in an event of divorce is entitled to claim maintenance as soon as she is aware of the divorce or as soon as the divorce is communicated to her but a muslim women cannot claim maintenance if her husband is not alive. Muslim women is only entitled to maintenance if her husband is alive.

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

No doubt you can file divorce under section 2 of Dissolution of Muslim marriage act on the grounds of cruelty and other reasons.

You can file DV case against him seeking the reliefs of protection, residence, maintenance, return of your articles and jewels and suitable compensation;

besides you can file a maintenance case under section 125 cr.p.c. for you and your children (provided you are not employed);

You can lodge criminal complaint under section 498a for cruelties and under section 3 of DP act with the local police against him.

However neither you nor your children can claim any share in his properties as a right at least not during his lifetime.

T Kalaiselvan
Advocate, Vellore
72169 Answers
1078 Consultations

5.0 on 5.0

Dear Madam,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

Instances of cruelty given in the provision of the Dissolution of Muslim Marriage Act 1939, include habitually assaulting the wife, making her life miserable by physical ill-treatment or by a conduct short of that, associating with woman of evil repute or leading an infamous life or preventing her from exercising her rights therein, obstructing her in the observance of her religious profession or practice and in case of bigamy treating her inequitably contrary to the Koranic injunction.

In Islamic law, the concept of cruelty (zirar) is not limited. The cruelty provision is to be interpreted in the light of the Prophet’s exhortations that women are as tender as glasses (qawarir) and he is the best man who is kind to his wife. It is worth mentioned here that under Muslim law cruel nature is a disqualification for eligibility to marry.

n case of inequitable treatment between the co-wives which amounts to cruelty, the courts earlier providing maintenance to one wife only and ill-treatment forcing co-wife to leave the husband as instances of unequal treatment. In Umat-Ul-Hafiz v. Talib Hussain (AIR1945 Lah.56), husband went abroad leaving behind his two wives in India. He provided maintenance to one wife and neglected the other. The court granted divorce to the neglected wife.

Maintenance Under Muslim Law

Under the "Women (Protection Of- Rights On Divorce) Act, 1986" spells out objective of the Act as "the protection of the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands." The Act makes provision for matters connected therewith or incidental thereto. It is apparent that the Act nowhere stipulates that any of the rights available to the Muslim women at the time of the enactment of the Act, has been abrogated, taken away or abridged. The Act lays down under various sections that distinctively lay out the criterion for women to be granted maintenance. Section (a) of the said Act says that divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of idda and his obligation is not confined to the period of idda.

it further provides that a woman , if not granted maintenance can approach the Wakf board for grant as under section (b)which states that If she fails to get maintenance from her husband, she can claim it from relatives failing which, from the Waqf Board.

An application of divorced wife under Section 3(2) can be disposed of under the provisions of Sections 125 to 128, Cr. P.c. if the parties so desire. There is no provision in the Act which nullifies orders passed under section 125, Cr. P.c. The Act also does not take away any vested right of the Muslim woman.

All obligations of maintenance however end with her remarriage and no claims for maintenance can be entertained afterwards. The Act thus secures to a divorced Muslim woman sufficient means of livelihood so that she is not thrown on the street without a roof over her head and without any means of sustaining herself.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

Hello

You should immediately file a complaint against this person on grounds tu ou have already stated above. Also a maintenance application should also be filed for the children and you.

Regards

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

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