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h7mhsh7mhs (Retired employ)     18 January 2016

Need advise and guidance

  • My daughter was married in June 2013 in India with a Mahr of INR 130,000 paid in gold jewelery. The groom completed his MBA degree in UK and was trying to find employment in UK.

  • Few days after the wedding, he returned back to London and my daughter joined him in Aug 2013 as a dependant. He did not even inform her/ us that she would have to live with other strangers in a shared apartment.

  • His inconsistent and insufficient income put financial pressure on the couple. He used foul language, insulting her modesty from tie to time. We used to reconcile them by advising them both to be patient and kind to each other, hoping things would get better once he finds a stable job. Also we arranged some financial support to them

  • On his insistence, my daughter started joined an IT company in December 2013 based on her experience in India and the couple moved nearer to her working place.

  • Even after my daughter finding a job, the couple constantly quarreled, mostly about him not taking any responsibilities around the house. He used to beat and choke her and verbally abuse her. During these quarrels, he hit my daughter many times, and at one instance he badly bruised her face and she suffered from those bruises for many days. His elder brother and his wife who lived in UK too tried reconciling them many times.

  • On August 16 2014 he was caught by the police while beating and torturing his wife and a criminal case registered against him under domestic violence. He was released from the lockup after 12 hours and warned to stay away from his wife until court date in September. My daughter pleaded the court to pardon him since he was jobless and acted out of frustration. The court pardoned him and warned him that he will be imprisoned and deported if he repeats the offense. Only after this incident did he stop physically assaulting my daughter.

  • After the court order, things calmed down between the couple for some time but they again started having arguments. Though he refrained from physical abuse, he continued his verbal harassment.

  • We traveled to UK in 2014 to reconcile the couple. We advised our daughter to be patient and to carry out her duties and treat him well. When we asked him regarding his concerns about my daughter, he said he had no complaints.

  • He suggested my daughter to try for her work visa. He reasoned that he can change his visa to dependent and would be able to find more opportunities. Based on my daughter’s request, her employer filed for her work visa.

  • When my daughter traveled to India in December 2014 for UK visa stamping, he informed her that he got H1 visa and will go to USA and look for a job. Though my daughter objected initially, she accepted his decision to pursue the opportunities.

  • In Feb 2015, my daughter informed us that he did not want to live with her and wanted to divorce her, When we check with him, he replied calmly that he had no complaints about my daughter but was not able to adjust with her and wanted to divorce her. We told him to think over it again and confirm after a couple of days.

  • My son consulted a Qazi , collected all the required documents for Qula and traveled to UK in Feb/ March 2015 to formalize the divorce. He told my son that he is leaving to USA in a day or two and would come to India in July 2015 to discuss the issue in his family’s presence. My daughter was understandably very upset on his sudden departure plan, but he did not make any effort to comfort her nor made any arrangements for her safety and security. He left for USA in March 2015, deserting her alone in UK. My son had no time to stay back and take care of my daughter.

  • We waited to solve the issue until the matter is discussed in the presence of his elders in India, but neither he visited India as promised nor his family was interested to solve the issue. He called me and my daughter several times and used foul language and threatened us that he will destroy our family in 5 to 7 years time. He sent such threatening messages over Email and Whatsapp also.

  • Following are the reasons that forced us to seek divorce for my daughter:

  1. He verbally and physically assaulted my daughter constantly for a year and half, only police intervention prevented him from further physically harming my daughter. He did not show mercy to his wife.

  2. He did not take financial responsibility for his family life as he could not hold onto any job for long. my daughter had to shoulder the financial burden of her family.

  3. He abandoned my daughter in UK and left to USA without making proper arrangements for her safety and welfare.

  4. Though his elder brother supported us in reconciling the couple, eventually he and his mother put the blame entirely on my daughter. His mother was not fair in her judgment and she even said that my daughter should accept physical abuse and bear the financial burden until needed.

  • My daughter decided to continue to work in UK seeking for her divorce/ dissolve her marriage in the UK civil court and in Sharia council (for QULA the Islamic divorce).

  • Sharia council took up the case and tried their best to reconcile the marriage but could not. After going through all the documents and proofs and sending letters to her husband with no response, they decided to dissolve her marriage and directed my daughter to deposit the MAHAR amount. On depositing the amount with Sharia council, the Divorce certificate (Fasq-e-Nikah) has been issued in December 2015.

  • I was working abroad all this time and returned back recently after my retirement of services

  • Now my concern is to get divorce/ dissolve my daughters marriage in India to avoid problems for her in future. Please I need advice and guidance in this matter.



 5 Replies

Manoj Choudhary (Advocate)     18 January 2016

Find a divorce lawyer and file a case for divorce on the ground of cruelty

srihari devaram (managerv)     18 January 2016

You can file divorce petition on the ground of cruelty, you can file petition inperson with simply writing the above averments.  

srihari devaram

avdocate

h7mhsh7mhs (Retired employ)     18 January 2016

Thank you Srihari for your kind advice My daughter should file the petition in person? How I can file a petition on her behalf?

h7mhsh7mhs (Retired employ)     18 January 2016

Thank you Srihari for your kind advice My daughter should file the petition in person? How I can file a petition on her behalf?

h7mhsh7mhs (Retired employ)     18 January 2016

Thank you Srihari for your kind advice My daughter should file the petition in person? How I can file a petition on her behalf?

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