Hello,
File a case of 498a along with other provisions of IPC and also seek protection order under domestic violence act.
Regards
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
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Hello,
File a case of 498a along with other provisions of IPC and also seek protection order under domestic violence act.
Regards
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.
File maintenance case in the court under 125 crpc then subsequently file dvc case so that he would be bind to pay the same.
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.
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
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
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.
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.
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.
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.
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.
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