Husband don't want to live with me
ROSHAN JAHAN
(Querist) 11 July 2018
This query is : Resolved
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.
Guest
(Expert) 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.
Guest
(Expert) 11 July 2018
Many Muslim Countries it self had Banned the Triple Talaq including neighboring Pakistan and conservative Saudi Arabia..
Guest
(Expert) 11 July 2018
Discuss with Advocates of Women's Forum available in your concerned Court and they would take care and do the needful.
Guest
(Expert) 11 July 2018
For any of your doubts or clarifications you could post in this same thread.
Guest
(Expert) 11 July 2018
Take Care ........................................................
Vijay Raj Mahajan
(Expert) 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.
Guest
(Expert) 11 July 2018
The Purpose why I referred you the Women's Forum in your concerned court is in Women's Forum of Advocates would conduct there own Counselling with out stepping in to court.
Guest
(Expert) 11 July 2018
Go for an amicable and peaceful compromise in the presence of women's forum of advocates in a Pleasant manner.
Guest
(Expert) 11 July 2018
Stepping in to court and police station as advised would certainly ruin your married life and your intention of living with your husband.
Ms.Usha Kapoor
(Expert) 12 July 2018
I agree with vijay Raj and Narasimha,
rajeev sharma
(Expert) 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
Sudhir Kumar, Advocate
(Expert) 13 July 2018
no point in advising you as you seem to be habitual in tolerating torture.
Ms.Usha Kapoor
(Expert) 13 July 2018
I agree with Vijay Raj Mahajan and Narasimha.
Guest
(Expert) 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.
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