Is second marriage possible for husband at this time?
chinky
(Querist) 20 June 2016
This query is : Resolved
Hi,
I am a muslim graduated woman. Got married according to shariah law in 2013. We have a 2 year old girl child. My husband is of violent nature. Gets angry eazily for silly things. He used to beat me since marriage. This time things got worse. neighbours saw me beaten up by husband. I got admitted in hospital. Next day after discharge we went to police station. In police station also he tried to beat my father. Police took a case under section 498a. Police have not arrested him coz his advocate is moving for some anticipatory bail or something. What will happen next? What all shud i take care of in this case? Advice me with Dos and donts? Will me and my child get maintanance( he have a take home salary around 33000) ? if yes how much? And most importantly will he be able to get into other marriage( coz he used to mentally torture me saying so. And his both parents are 2nd married) ?
Devajyoti Barman
(Expert) 20 June 2016
Yes,if you file case under PWDV Act, both you and the children will get maintenance which varies between 1/3 to 1/5 of his income.
He can remarry even without giving talaq to you.
Rajendra K Goyal
(Expert) 20 June 2016
File case under PWDV Act, claim maintenance.
He can marry as per personal law without giving talaq to you.
Agree with the expert.
chinky
(Querist) 20 June 2016
Thanks sir. Sir is 1/3 to 1/5 of his salary for me and daughter together?
chinky
(Querist) 20 June 2016
Sir in FIR its return IPC 1860
Dr J C Vashista
(Expert) 22 June 2016
1. I agree with experts.
2. Next it is a vague query, that is "sir in FIR its return IPC 1860" What do you intend to ask?
3. Did you consult and engage a local lawyer, if yes, proceed as his/her opinion and advise; If not, do not delay it will harm your case.
Guest
(Expert) 22 June 2016
What reason the police has given for non-arrest of your husband?
chinky
(Querist) 22 June 2016
@Dr J C Vashista, i have not consulted any local advocate, thought i will talk directly to public procecutor.
maam, Is my case under PWDV act?
@P.S. DHINGRA, police told that advocate has made a phone call to them telling that they have applied for bail in district court. Case will be taken up on 24 th of this month.
There are 2 witnessess in my case.
Guest
(Expert) 23 June 2016
Although the reason quoted by the police is not valid, but the fact is that the arrest can now be made in such a case only with the approval of the magistrate. So, the police may be waiting for anticipatory bail of the accused to avoid formalities of getting approval of the magistrate.
Dr J C Vashista
(Expert) 23 June 2016
You have mixed up number of issues involving a FIR Under section 498A IPC, 1860 with an application under section 12 of the Protection of Women From Domestic Violence Act, 2005 and demand for maintenance for yourself as well as the child, since he is drawing salary of Rs. 33,000/-pm.
As I told you in my previous reply your query do not reveal only one question with related facts therefore, it is vague.
It would be better and in your own interest to engage a local prudent lawyer.
