Habias corpus
Querist :
Anonymous
(Querist) 28 October 2011
This query is : Resolved
Dear Sir,
I am hindu girl, married to muslim boy for 5 years and having 2girls. on 08.06.2011, my husband absconded with my elder daughter age:(3yrs). As I reported to police, they regd FIR and I requested to high court for habias corpus, then he appeared to court with girl. Later case referred to family court, but he did not agreed to compromise. Now the case(habias corpus) in High court and every month I am appearing to court, as per the date. Since I am staying in rented house along with my 1 year old daughter and living with the help of money sent by parents. How long the case will continue and when I can get my daughter back, if he want to divorce me. Now I am in very distressed status. Kindly suggest any speedy solution to my problem.
ajay sethi
(Expert) 28 October 2011
your husband is duty bound to pay you maintenance . you can make an application under domestic violence act for miantenance , right to stay in shared household . since your husband is not inclined to compreomise you should claim maintenance for your upkeep and that of your daughters .
prabhakar singh
(Expert) 28 October 2011
Under which Act the marriage was performed??
were you converted to ISLAM as Muslim??
or your marriage was registered under Special marriage Act???
Revert back with answers.
Devajyoti Barman
(Expert) 28 October 2011
We do not actually what is happening in the high court/
In the Habeus Corpus case, the court can not direct the delivery of the girl to you.
You have to file a suit for custody of the child.
In the meantime press for criminal case for kidnapping your child if that really happened.
Querist :
Anonymous
(Querist) 28 October 2011
Mr Prabhakar singh,
Thanks for your message reply. I am converted to islam and married according to their tradition. Not regd with any govt iffice, but sent the copies of conversion and islamic marriage certificate to native police station for information.
Nadeem Qureshi
(Expert) 28 October 2011
dear friend
mr. sethi is rightly explain about reamedies in you matter, as you informed that you are also muslim now then the muslim law applicable upon you too. you can follow Mr. sethi's opinion.
prabhakar singh
(Expert) 28 October 2011
Then seek your reliefs of maintenance and shared house under D.V. Act and custody of minor girl can be sought under guardians of wards Act1890.
There is no point to pursue in High Court.Perhaps some misguidance is going on
with respect to High Court case as he appeared with the girl before the court,the order passed by High court stood complied.
As a muslim lady your option of divorce are very limited while his option to divorce you is just thrice pronounced and communicated to you words TALAQ TALAQ TALAQ is sufficient.But unless he decides to do so you are entitled to get enforced your every right against him.
Ravikant Soni
(Expert) 28 October 2011
Prabhakar sir rightly opined.
I add:
Custody order even can be sought in DV act under section 21.
21. Custody orders.—
Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent:
Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.
Comments
This section lays down that notwithstanding anything contained in any other law for the time being in force the Magistrate may, at any stage of hearing of the application for grant of any relief, grant temporary custody of any child to the aggrieved person or to the person making an application on her behalf and specify the arrangements for visit of such child by the respondent. However, the Magistrate may refuse to allow such visits if in his opinion such visits may be harmful to the interests of the child.
Ravikant Soni
(Expert) 28 October 2011
....if he want to divorce me......
Even a divorcee muslim lady can seek maintenance-SC.
SHABANA BANO Versus IMRAN KHAN
Criminal Procedure Code, 1973 Section 125 - Muslim Women (Protection of Rights on Divorce) Act, 1986 - Section 4 - Family Courts Act, 1984, Sections 7(1)(f), 20 - Claim for maintenance by divorced muslim woman (appellant) under Section 125 CrPC for herself and her new-born child - Family Court allowing her claim partially providing maintenance from the date of institution of the petition till the date of divorce and further from the said date till the expiry of iddat period but not thereafter - Order upheld by Single Judge - Whether maintenance could not be granted after iddat period - Whether petition under Section 125 CrPC by her was not maintainable as held by Single Judge. Held, divorced muslim women cannot be deprived of the benefits of beneficial legislation and she is entitled to maintenance from her divorced husband even after the expiry of iddat period, as long as she does not remarry. Further since provisions of Section 20, Family Act have overriding effect on all other enactments, Family Court has exclusive jurisdiction to decide applications under Section 125 CrPC. Appellant's petition under the Section was thus maintainable. Danial Latifi and Iqbal Bano relied and followed.
jatin sharma
(Expert) 28 October 2011
yes above experts is right.
Shonee Kapoor
(Expert) 28 October 2011
Experts have rightly guided you on all matters.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
