Jameela (NA) 13 August 2014

Divorce in muslim

I married 14 years ago and have 3 children of 16, 11, 11 (twin). My husband was not careful since marriage, however I tried to save marriage. Later on on some dispute he left us in one of parents property giving oral divorce and then 2 years after written from Qazi but I did not accept the copy. Parents were supporting us. Then came back after 3 years asking excuses and he cohabited with me for 2 years. Then again on some dispute left us in 2010 and I filed DV case in 2011, against him. his brother and bro wife asking for maintenance, right of residence etc. He gives in DV replies that he is reay to maintain us and provide also alternate rented home. But I am afraid that if I leave this house then he will leave us again and we will be homeless. Parent gifted the property to his one of the son in 2007 thru a gift deed and the son has filed evacuation suit against me and my husband in civil court. My DV case is still in interim stage, I do not want him to join us as he is very unstable and looking for another marriage.

My question is

1) can i get maintenance if I refuse to go on his rented house? What ground?

2)Though I have not accepted the divorce, is it effective when he put it in writing as above? What is my status now ? Married or Divorcee?

3) Can I get Residence order in DV court and in civil court? How can I show that the property is joint family property or shared household?

4) On what ground I can get relief in civil court?

5) Can he file divirce case on ground that I am not joining him?

Kindly advise me as I am in bad situations.

5) If

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5 Replies

Jameela (NA) 13 August 2014

To add to the above. Now parents are not supporting us and all inlaws want the property to be evacuated to make us homeless.

tenrique_in (MT) 13 August 2014

Kindly understand the talaq/divorce procedure. Talaq is still valid in India. It seems neither you, your husband, your families, and the Qazi know that talaq is a serious thing. What is this..... he gives oral talaq and comes back again gives written talaq and you still do not know whether you are divorced or not... If your husband had systematically given you talaq as prescribed by Sharia law then you are no longer his wife. If all three talaq have not been completed then you are still his wife.

Jameela (NA) 14 August 2014

he came up with copy of talaq in 2006. i didnot accept it. later he came in 2008 and aplogised and i asked a lawyer friend and she said as you have not accepted talaq, it is not in effect and you can revert to marital life. so i did to save my family. he stayed with me from 2008 to 2010 and then again left us saying he will remarry. i later realize in sympthy i have done wrong but only to save my kids and family. i am in bad situation.

now kindly if possible help me answer my 5 queries above and guide me.

tenrique_in (MT) 14 August 2014

if there is any chance of reconciliation left then try to get someone who can overcome your issues with your husband and his issues with you. Courts can help you get maintenance for few years, but it is a husband that matters the most for a woman. Let your Qazi make your husband understand that he cannot leave without any genuine reason. I do not know why your husband is trying to leave you or what are the issues between you. See if you two can start a new life again by forgiving each other. All such cases are on the high because our local Qazis are failing to deliver justice and are guiding their petitioners to courts. If they had done their duty sincerely then hundreds of families would have been saved.

I think you cannot get maintenance for refusing to go to live at his place, but can claim maintenance for the children if you have their custody. Regarding your marital status, this question can be answered by your local Qazi with your correct information on the issue of talaq (oral and written). Yes he can contest for divorce if you refuse to stay with him.

I advice you to try your best to save your marriage and see if your husband feels that he can live happily with you or not. Searching for answers online is of not much help. Make your Jamaat and Mufti solve your dispute. IF everything fails then go to court for maintenance.

Jameela (NA) 16 August 2014

Thnx sir.

Jamaat, Mufti and Qazi say you are divorced and you should leave the house and are entitled for only 4 months maintenacne and shuld handover children to your husband, as per sharia law.

The problem is I can not handover children to him, I can not leave the residence as otherwise we will be homeless. I can not live with him as he will again do the same thing i.e leave us as he has done several time. He does not have love for his children. I do not want to repeat the same and bear the agony.

Now only thing I want is get maintenance and residence order that can help us survive. He falsely giving statement in court that he is ready to live, maintanin us. Even he rented a L&L house nearby and submitted to court that he is ready to live with us. But it is only a plan to take me out of house and once I move out, after 2-3 months he will leave us. I also started working small jobs and get some help from relatives.

Please let me know how my DV case will help me. If I refuse to go with him giving above reasons, wuld court grant me maintenance and residence order?

kindly answer the above queries in light of my situations and help us and oblige.