On 25 September’2018: My husband left home and has not come since then. Before leaving, he has not informed me about his travel plans nor did he give any money for domestic & medical expenses. when my father phoned my husband & He said that he cannot come home until December’2018. Now I am 5 months pregnant (second time after a miscarriage). When police phoned him, he refused to come and see the officials. Now he wants to divorce and am not willing for it. we had perfect married life till 5th september'18. My husband converted in to Islam consciously as agreed to marry me at Telangana State WAQF Board on 23 December'2016 but he has not revealed anywhere in govt records. My husband incorporated my name in service book and we utilized LTC & CGHS facilities. I learnt that my husband is already a divorcee, which he never told us earlier. Kindly help me saving my marriage.
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You are suggested file the application regarding missing report. If you are really concerned about saving marriage, please avoid lodging false complaints or cases and go for marriage counselling etc.
You can go to the police and file FIR under Section 498 a and Domestic Violence Act and let the police take his action.
At the same time you can file a petition in the family court for the maintenance as you are pregnant you need medical care as well and could be there how was it sufficient amount for your medical and maintenance.
The police can send him notice under section 40 and 41 of CrPC to appear before him and in case is not appearing you can be arrested.
1. The conduct of your husband is really inexplicable and there must be an extra marital angle behind this weird angle.
2. His conversion of Muslim religion points t this aspect further.
3. Since he is not taking care of you, a case of maintenance and damages can be filed under PWDV Act.
4. If this marriage does not work like in terms of staying with you anymore under one roof you may consider filing a case under section 498A IPC.
send a legal notice through lawyer and ask him to come back. After issuing notice if he will not come back then file a case of restitution of conjugal rights against him under sec 9.
Mam at this point of time lodge a complaint with police for cruelty and domestic violence donot lodge a FIR before filing of FIR police will inform him through notice and phone to come for counselling at that point of time if he agrees take back complaint and take in written compromise from him that he will take care.
Further file for crpf 125 maintenance as you are in need of financial assistance and pray for interim maintenance.
He can't divorce you unilaterally and without assigning any genuine reason.
Reach out to the women helpline cell and seek help from them. In case he's doesn't returns back to you despite taking police help, file a case for restitution of conjugal rights against your husband.
Dear maam you must understand that you cannot force your husband to live with you and as such if he is not willing to live with you there is no court that can pass in order to direct him to live with you.
Further if just changed the religion for the purpose of marriage then such marriages also considered to be void. It will be better that if you can talk to him and resolve the dispute mutually.
However, if you want to gibe it a chance then you may file a suit for restitution of conjugal rights wherein the court may pass a direction to the husband to live with you.
1) Initially your husband was of which religion before converting to Islam,
2) You visit to counselor and do counselling both of you, this can be happen in nearest police station under Women cell.
You will have to approach Court and file a suit to bring back your husband and if court finds that the spouse who is living separately without any reasonable justification, it shall pass order and compel him (her) to live together. Such a suit by the aggrieved party is called a suit for the restitution of conjugal rights.
1. Your husband is a divorcee beforev he married you after converting to your religion.so, his mariage to you is not invalid.
2. He should have informed his office a bout his converting to Islam to update the official records.
3. You have not mentioned as to why your husband has deserted you when everytrhing was normal.
4. You can file a petition before the Court u/s125 of Cr.P.C. claiming maintenance for yourself and also for yor medical treatment.
5. Since you have the CGHS Card, you can avail the facility now by yourself for medical treatment.
6. However, since he has informed that he will return on 20.12.2018, it will be prudent on yourn part ton decided on taking the above suggested action after the said date.
To save your marriage you may file a RCR suit against him and also may file an injunction application seeking to restrain him from going ahead with his plans to divorce.
1. If he has converted to Islam then he can divorce you under the Shariah by pronouncing triple talaq. Muslim Women (Protection of rights on divorce) Act bans only the instant triple talaq, not other forms of talaq. If and when he does it you can challenge it in the court.
2. You may also file a DV case under Section 12 of DV Act to seek right to residence in the shared household of your husband and also maintenance for yourself.
It is better to file DV case and return to matrimonial house and stay in his house. You can get following benefits and also save your marrigage.
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.