Divorce
samrita
(Querist) 01 June 2012
This query is : Resolved
Hi this is samrita, i have a query to ask you as m very badly stuck into this problem. my problem is that i a punjabi girl married a muslim guy around 10 yrs back when i had just attained the age of majority and was a school passout at dat time. my family did not accepted our relationship due to which i wasnt allowed to talk to ma parents at my in laws place and my parents too dint contacted me neither my husband nor my inlaws they did filled a compliant against us as i absconded from my place. Due to this all unfavourable conditions i was every time bluffed that my parents dint loved and cared for me. dint met my parents for 7 yrs
due to which i had only option of adjusting my life according to my inlaws and ended being a house maid with bearing all kinda tortures (mental, physical, emotional) and now the situation is getting worse n out of my control and compromise.i have a baby too and because of dis tortures now my baby is also facing emotional imbalance.my husband family background is of criminals, his big brother has been to jail once. 1 yr back, i met my parents n saw there love now i want to return back to my parents with my baby. i want to get divorced and end this relation but want to keep my baby with me. but when i say this to him then he objects and says " hum apni beti ko nahi chodenge agar aise nai doge to ilegal tarike se le lenge, hum murder karne se nai darte, jail jake bhi bail mil jati h" i am in extreme trouble. his main concern is to get money and property from my parents and he has already said me to stand against my parents and ask for my share. i have suffered an extreme torture and this torture is gaining heights day by day as our relation is getting older, i get physical abused by him for every single mistake of mine even my baby is suffering.
my main problem is this that i want divorce from him and want my baby too without letting my parents n siblings face the after effects of this relation as they have already stated illegal ways of hurting my sister n father if i keep my daughter along with me. please help how should i deal with this situation. i hope u will respond me asap.
Adv.R.P.Chugh
(Expert) 02 June 2012
Dear Samrita,
1. Think it over !! Don't act on impulse - You can file for a divorce on the grounds of cruelty - if living together is not a possibility.
2. Child custody is too circumstantial - but in your case there is no reason why you won't be able to retain it.
3. File for maintenance.
4. If the necessary facts are there - 498A. (Only if you've been treated with cruelty for dowry etc) 406 (If your Istridhan Articles are with them and they are not returning)
Don't hesitate to call !
Shonee Kapoor
(Expert) 02 June 2012
The grounds are not fit for 498a.
However, if need be you can seek divorce.
It would depend upon how your married under Special Marriage Act or Muslim Law.
Child custody would be decided as per the welfare of the child.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
samrita
(Querist) 02 June 2012
thanku sir for an instant rply..
sir but i m afraid for my family as well.. as they can hurt them. please tell me how to secure my family too from my in laws who are criminals n believe in illegal ways of hurting too. my sister, my father, mother, my daughter, me we all need security as they have already warned us for there illegal doings in case i retain my daughter with me..
samrita
(Querist) 02 June 2012
Shonee Kapoor sir: I had gone for a marriage under muslim act and special marriage act both sir.
Devajyoti Barman
(Expert) 03 June 2012
No body can take any preventive measure apart for staying away from potential danger.
What is the guarantee that filing of 498A case would save them from offences you apprehend.
You better move away from in laws with your husband and try afresh.
Advocate Rajkumarlaxman
(Expert) 12 July 2012
the best way is to move away and file writ for protection n security of you n ur family.
