• Divorce

My daughter is married to a Muslim man with a lot of connections. They got married under Indian marriage act before nikah His family has troubled my daughter endlessly. She wants a divorce but she’s not financially stable. She has no job or business. If she gets separated what will be the outcome ? They have been known to bribe judge in another case and win. She got married 3 years ago in mumbai. The house is in both their names. How long will the case go on ?if husbands family challenge the local court order can they go to till Supreme Court ? I don’t want the case to drag on for years we don’t have the time or resource to keep fighting with them. What about my daughters safety they keep threatening her. She has been physically and mentally abused 
Kindly advice
Asked 7 years ago in Family Law
Religion: Muslim

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11 Answers

Hello,

File a case of 498a along with other provisions of IPC and also seek protection order under domestic violence act.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Hi,

Nothing can be predicted of legal fight and it may go up to supreme court. However, you are suggested to start cases under DV Act and IPC, Cr PC etc.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

File maintenance case in the court under 125 crpc then subsequently file dvc case so that he would be bind to pay the same. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

1) Try to file for divorce under Special Marriage act and get the house possession.

 

2) Ask court to transfer house 100% share on wife's name as she do not have shelter to live.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

your daughter should agree for mutual consent divorce 

 

2) if husbnd does not agree for Khula then file DV case against husband seek protection order, alternative accommodation,maintenance , compensation for mental torture undergone by her 

 

3) if she is abused  before filing of any case she should lodge police complaint against her husband for abusing her physically 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

Your daughters marriage is not legal. So there's no question of divorce. 

If both parties can were Muslims, then they could have married under Muslim Personal laws. However, if one party was not Muslim, the marriage should have been solomonized Under Special marriage act; and not Indian marriage act. 

As the marriage hadn't been solomonized Under Special marriage act it's not a legal marriage at all.


Jackass I'm providing you the correct legal position. So give proper rating

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

See can ask for maintenance from husband if she is not able to maintain herself. The case can take several years if not mutual divorce. Yes they can appeal the order of trial court.

A police complaint and FIR can registered against them if they are intimidating and mental cruelty is there.

For abuse FIR under 498a and domestic violence can be lodged she can ask for compensation and maintenance under dv act also.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She can file a divorce cas either under Indian marriage act or under Dissolution of Muslim Marriage Act on the grounds of cruelty.

She can file a Petition under section125 cr.p.c seeking maintenance simultaneously.

The time taken for disposal of case by court is not predictable. It may long time too.

 

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

Your daughter should be vocal and report any atrocity that is meted out to her to the Police. She has the option of filing a complaint under domestic violence act besides another complaint with the female helpline (Police).

Since she has taken the decision to get separated, she must apply for a divorce.

You/she can take up this legal battle right up to the Supreme Court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

She has to go to the court and ask for cooler and also claim the maintenance from the family it is not good to doubt the judicial system and not to blame Judiciary for bribe.

One must keep faith in the Judiciary so as to get the justice.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

Please file Domestic Violence case against your son-in-law.  The court will give immediate reliefs to your daughter. The Proforma of Domestic Violence case is given below; it will helpful to you.

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. 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/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. 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.
  5. 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 Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. 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 Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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