11 July 2018
I was married in February 2017.from the very beginning the behaviour of my inlaws was very rude to me. Due to this i got depressed and and they send me to my parental house. After some time when I got well, I again went to my husband on his call. But behavior of my inlaws keeps on bad to very bad to me. Again I went to my parents. This was happened 3 times means I went to my husband when I got well but everytime I fell ill due their ill behaviour. Now my husband and his family is defaming me and my family by questioning my character as they think that i don't want to live with my husband and due to this i am falling ill. Now They are insisting for divorce.but I certainly don't want this. However the situation is very bad and they have treated my family and me very badly. I want to teach my husband and his family a very strong lesson towards this and at the same time I don't want divorce at all.In muslim marriage law will my husband can give me divorce me without my consent?? Also I want monthly compensation from him if he don't want to live with me. Please suggest me what should i do.
11 July 2018
Supreme Court of India in August 2017 ruled that a Muslim Divorce Law unconstitutional and had ordered that the Government should frame New Divorce Legislation to replace the abolished practice of Triple Talaq in 6 month.
11 July 2018
File for monthly maintenance under section 125 Cr. P. C against the husband, this will bind him for paying you monthly maintenance throughout your life eve. After dissolution of marriage if that takes place in future. If your husband not providing you place of residence, then ask for the same from him by filling DV complaint against him for it as well compensation for domestic violence committed by him against you. All these cases will bring him down to earth and force him for compromise on your terms and conditions.
12 July 2018
You may take it other wise but the fact is that the Mohammedan personal law gives a very narrow choice to Muslim women in such matters. Your remedy as advised by some experts here, lies in general law be it DV Act or the IPC. But the crunch is that you do not want divorce. If you initiate any proceedings under these Acts your husband may pronounce Talaq. Though the Supreme Court has held that Talaq-ul- Biddat(i.e. three pronouncement of Talaq in one sitting) is not legal but it is still in vogue and the Muslim society still honour this illegal act. If any such action is taken by your husband you will have to contest that before court of law and that will take years to decide. Please also note in Muslim law husband does not need any consent or permission from wife to give Talaq to his wife nor wife has any right to repudiate talaq. So it is up to you either keep on bearing what is happening or exercise your right under Dissolution of Muslim Marriages Act, 1939 and file Talaq
13 July 2018
If you feel that the situation has gone totally beyond your control, don't be slave of conventions, contentions, assumptions and presumptions. Any personal law is not above the constitutional law for seeking justice and equality. Try to take some lead, like Shah Bano and other progressive ladies and bring him to the doors of the courts to get your rights of adequate maintenance for you and punishment for domestic violence for the tortuous fellows of your in laws. .