• Marriage

I am a Hindu married to a Muslim man for the last nine years . We have two sons -one eight years and another of six months.While I am working as a senior legal consultant in a ip firm my husband is a lawyer in the High court. 
From the very begining my in laws who are basically uneducated orthodox people were against this marriage and my job. They always used to taunt me in one or the other way which always revolved around religious centiments. Though we are living separately from them but they always tried to separate me from my husband. 
Recently we bought a big flat in a posh locality and problems arose from then only. My husband suddenly began to suspect me with one of his nephews and started blaming me to separate him from his family. He said no longer he will stay alone and his mother will stay with us and I have to follow all her instructions .
for the last one year my husband used to get sick occassionally .he underwent all probable tests but nothing was found. 
Now they are blaming that i used to give him sleeping pills and made him sick because i wanted to have that flat and his money. 
after my second son i used to take ativan every night which was precribed by my doctor for mitigating my anxiety .
I with my two sons came to my mothers home and staying there only because i am scared if again he gets sick they will blame me again. 
Now my husband is saying he wont allow me to stay in that house and can never love me again but he will discharge all the responsibilities of my two sons. 
I used to offer namaz and keep fasting every year and tried to give all my love to my husband and his family . 
Kindly advise me what to do now.
Asked 10 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) how was your marriage solemnised? whether under SMA or under muslim personal law 

2) whether flat is bought in joint names or single name ? 

3) you have right to stay in your matrimonial home under DV act 

4) if your husband refuses to permit you to do so file complaint under DV act and seek right to stay in matrimonial home or alternative accommodation , maintenance for children etc 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1) if flat was bought in joint names you are co owner of house

2) your husband cannot stop you from staying in said house

3) if your husband files false complaint you can file 498A against him for continuous acts of cruelty .in addition can file DV case 

Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
You have to decide what you want to do. You are at liberty to file for divorce on the ground of cruelty against your husband which he can contest in defence.  On the contrary, if you wish to continue your marriage then you can file a case for domestic violence to claim protection order and residence order. You can also claim alternate accommodation at your husband's expenditure. Violation of protection order makes the husband amenable to imprisonment on the solitary statement of wife. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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You are a lawyer, so why are you afraid? Police does not ordinarily lay hands on lawyers unless there is insurmountable evidence of guilt. Be that as it may, if your husband files criminal complaints against you, you should seek anticipatory bail to preempt your arrest and then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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He can file FIR or complaint but he must has some proofs to establish his case prima facei. You should ready ready to contest or file a case of divorce because you have sufficient ground. Flat is in joint name and emi is paid by your husband cannot disentitle you to get share because section 25 contract act says that a person can contract with a person having love and affection without any consideration so however you have not paid any penny but you have right in the flat even in devoid of consideration. Joint ownership is a contract to give share and no need to prove consideration. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
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Hi, it is better both of you go for marriage counselor and tried to settle the issue amicably.

2. As your husband know the law, it is the duty of the husband to maintain his wife and children.

3. In your case problem is not legal one because of your in-laws your husband is behaving like that so tried to convene your husband so both of you can live happy.  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If the flat was bought on joint names, you have 50% share in it which cannot be denied by him. Even otherwise, you can claim residential rights under DV act.
You have not stated whether you converted into Muslim or still remain a Hindu.  Whatever it may be, the problem with inter religion marriages will crop up one or the other day if there arises lack of understanding and suspicion in either of the spouses.
Since you both are into the legal profession, should not hurry for legal solutions to the problems which can be solved amicably by reconciliations.  Remain calm and allow time to pass which will have an answer at at later stage sooner.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
fLAT WAS BOUGHT IN JOINT NAMES though the cash down money and emi are paid by my husband only.
But I am afraid that if i again stay with him and again something happens to him my in laws may allege me only. My husband is saying he will initiate police action against me that i used to give him sleeping pills.
Your fears are unnecessary.  Since the flat was bought in the joint names, whether you funded for it or not, you are entitled to half share in it which cannot be denied by him on any ground.  Law is equal for all and it is not more equal to advocates. So there is nothing to be worried on that aspect 
If his parents will again suspect you to administer sedation on him, there is no end for their suspicions hence just ignore their suspicions and remain in your own newly acquired flat and establish your rights, do not allow the to remain without being occupied by you to avoid certain unforeseen problems in the later stage. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Dear Querist

you should filed a complaint against them before magistrate court under protection of women from domestic violence act-2005 and claim protection, right to residence, monetary relief and compensation as per section 18,19,20,22 of Act-2005.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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