Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Save my family.

(Querist) 11 February 2012 This query is : Resolved 
Married 5 year back as per Muslim rituals (both being Muslim,arranged marriage),
Have baby boy of 1.6 years,
Husband abruptly stopped communication from lost 6 months; neither came to c me as I was at my parental home.
Now he is saying I have divorced you, as he say he has send divorce through Registered post to my parental address to me & my father, as we were out of station so could not receive the same.
Also he is saying I have published in daily newspaper, but we did not have any information about it.
The allegation which my husband’s is putting is that I am not mental fit that too he is saying after 5 years of marriage & 2 years of engagement.
After my marriage my in laws ill-treated me, & I also even went to a Phsystriate after marriage because of ill treatment by my in-laws, he said u don’t have anything.
Now my husband is giving some baseless allegation which has never happened.
I want to save my family, kindly advise me what to do as I am a housewife with 1.6 year old baby.
My husband has not paid even a penny to me & our baby from lost one year even though he is earning more than 70 K a month.
What is the credibility of this Divorcé, what should I do to save my family & myself from divorce, please advise me kindly.
Raj Kumar Makkad (Expert) 11 February 2012
The alleged divorce has no value in the eyes of law. You are still his wife and no legal divorce has taken place as on day and moreover the ground is wrong and illegal. You can not only claim maintenance under section 125 Criminal Procedure code for you as well as for your son and let him claim divorce before court and then challenge it also.
Shonee Kapoor (Expert) 12 February 2012
Whether you are Shia or Sunni.

Has the meher been paid?

You can apply for maintenance under Protection of Muslim Women on Divorce Act or CrPC 125.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Nelofar (Querist) 12 February 2012
Sir,
I am from J&K & I am Sunni Mehar has been paid at the time of Nikka.
we donot have Crpc 125,we have Crpc 488,& sir i donot want divorce.
Kindly advise me so that the relation can survive & be saved.
As in j&k they say divorce is divorce once a man pronounces it whether u accept r not.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :