I am harassed by my husband
I was married to a muslim man,where i changed my religion but got divorce in april 2009.i got divorce by sharia law,i have paper of divorce.
Now in march 2014 i again marry to a sikh man.after 22 days of marriage he went to jail for criminal case,in meanwhile we cant register our marriage.after 4 months he was out on bail.he asked me for monetary help(indirectly for dowry) and i kept my entire gold into muthoot. He never gave me any maintenance, now i dont hv anything to give him in terms of money.
Whatever i had , i have given it to him and recently i came to know that i am his 4th wife. Meanwhile when i asked him to register our marriage he says that he will change his name first and then change the city to register the marriage.
From past 2 months i am staying with my parents. He keeps harassing me saying that i dont consider u my wife as u are muslim and i am sikh and our marriage is invalid , so we dont need a divorce. Also he abuses me publicly that i have relations with other men. He keeps changing his statements , at times he says i want to live with you and sometimes he says that he doesn't want to be with me. He also says that before marriage he was not informed about my marriage to a muslim by the middle women. All this is confusing me so much that i have decided to give him divorce.
Asked 2 years ago in Family Law from New Delhi, Delhi
1) are you still a muslim?
2) did you reconvert to Hinduism before your marriage to sikh ?
3) under provisions of hindu marriage both parties have to be Hindus
4) your marriage is a nullity if you were a muslim at time of marriage .
5) you have to move court for declaration that your marriage is null and void
6) According to the Preamble to the Hindu Marriage Act, 1955: “An Act to amend and codify the law relating to marriage among Hindus. Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnised.”
7) the SC has held that marriage between hindu and person professing another faith solemnised under hindu customs was a nullity
1. If you were not aware of your husband's earlier 3 marriages and if you are so sure that you are his 4th wife and his earlier marriage is subsisting and if you had informed your husband about your earlier marriage to a muslim man, then go for Annulment of marriage, where the court would declare the marriage as null & void and it is as if the marriage did not take place.
2. If you do not want to go for annulment, better convince your husband to go in for mutual consent divorce and it is the easiest and minimum time consuming divorce. If he does not agree for mutual consent divorce, go for contested divorce.
1. You have stated that you came to know that you are his 4th wife. Has he divorced his earlier 3 wives, or he still continues to be married to them?
2. If the earlier wives have been divorced by him then you do not require a certificate of marriage from him. You are his lawfully wedded wife. As a corollary thereto, you can exercise all the rights which are available to a lawfully wedded wife under the law.
3. You can file a case for maintenance against him to get the required amount of financial support as it is the duty of every husband to give maintenance to his wife.
4. You can also file charges for dowry harassment against him if he directly or indirectly sought dowry from you.
5. You may also seek residential accommodation from him at his expenditure.
6. You are at liberty to file for divorce at anytime.
You should file a petition of domestic c violence and an FIR under 498A for dowry harassment , marital cruelty.
in the above petition ask for the reliefs under r the act, residence order, shared accommodation, maintenance etc.
if he does not want to pay you anything and to get out of legal trouble he will agree for divorce.
Once he agree for divorce withdraw he petitions and get him to sign mutual consent divorce , if he is not agreeable for a divorce, file independent divorce on cruelty as aground.
The present marriage seems to be troublesome going ahead with it will not give you any peace and happiness so get out of it by taking necessary legal steps. Contact an advocate locally and proceed further
1. Your case is really confusing,
2. You are a muslim and have not yet converted to Sikhism or Hinduism but claim to have married a Sikh who after 22 days of marriage has gone to Jail,
3. How was your said marriage solemnised? Was it by following hindu brituals? You are silent bin this matter,
4. To marry as per Hindu Marriage Act or as per hindu rituals, both should be Hindu,
5. The said marriage apparently looks as invalid,
6. However, without knowing how you have been married, it is difficult to suggest any thing about your divorce.
1. After knowing how did you marry each other, it can be suggested as to how can you divorce,
2. it may be that your marriage was totally invalid which does not call for any divorce.