Family harrasment

Akshaya Kumar Sahoo (Querist) 18 August 2013 This query is : Resolved
According to the Hindu Marriage Law section 9
if the daughter in law is being tortured/harassed by husband and in-laws she can return to her paternal home and apply for legal help, wherein the court shall question the accuse as to why they are doing so and as to why should they not be prosecuted. In a parallel case which act would be applicable to a Muslim lady.

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Sudhir Kumar, Advocate (Expert) 18 August 2013
The Dissolution of Muslim Marriages Act, 1939

Short title and extent.

(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939.

(2) It extends to all the provinces and the Capital of the Federation.
2. Grounds for decree for dissolution of marriage.

A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

(i) that the whereabouts of the husband have not been known for a period of four years;

(ii) that the husband has neglected or has filed to provide for her maintenance for a period of two years;

(ii-A) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;

(iii) that the husband has been sentenced to imprisonment for a period of seven years or upwards;

(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

(v) that the husband was impotent at the time of the marriage and continues to be so;

(vi) that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years:

Provided that the marriage has not been consumated;

(viii) that the husband treats her with cruelty, that is to say,

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associates with women of evil repute of leads an infamous life, or

(c) attempts to force her to lead an immoral life, or

(d) disposes of her property or prevents her exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran,

(ix) on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law,

Provided that:

(a) no decree passed on ground (i) shall take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside the said decree; and

(b) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfied the Court within such period, no decree shall be passed on the said ground.
3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known.

In a suit to which clause (i) of section 2 applies:

(a) the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of the filing of the plaint shall be stated in the plaint.

(b) notice of the suit shall be served on such persons, and

(c) such persons shall have the right to be heard in the suit:

Provided that paternal-uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.
4. Effect of conversion to another faith.

The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage:

Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2;

Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.
5. Right to dower not be affected.

Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage
6. (Repeal of section 5 of Act, XXVI of 1937)

Rep. by the Repealing and Amending Act, 1942 (XXV of 1942), section 2 and First Sch.

Sudhir Kumar, Advocate (Expert) 18 August 2013
As far as divorce is concerned law helping you is as above.

Now coming to domestic violence.

All criminal laws including violence against woman or divorce apply equally to all religions.

Raj Kumar Makkad (Expert) 18 August 2013
You have intermingled two separate issues. Section 9 of Hindu Marriage Act is meant for enforcing the other spouse to establish conjugal rights whereas there are many other criminal sections which can be brought in day light if such lady wants to punish her husband and in-laws.

Raj Kumar Makkad (Expert) 18 August 2013
There is no no mention of Muslim Dissolution of Marriage Act in the query of the author.

Rajendra K Goyal (Expert) 18 August 2013
Academic query.

prabhakar singh (Expert) 18 August 2013
A misconceived query of nonsense brand with unwarranted boasting of immature knowledge.

can you not directly ask what remedies in law is provided to a muslim wife whose husband and matrimonial family is torturing and harassing her?