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Khatoon (fresher)     24 January 2014

Constitutional validity of talaq

Dear Sir/ Ma'am, This is urgent case of Mohammadan that warrants your kind attention. My parents performed my arranged marriage in 2012. There was lot of passive demand of dowry which became very pronounced post marriage. My mother-in-law started torturing me and later my husband joined her in making my life miserable. Gradually I discovered that he was prone to unpredictable anger and violence. In the night, whenever we used to discuss on any matter and if I happened to have a different opinion, he used to get verbally abusive. He could not take no for any of his wishes or desires. At times, he also threatened that if he gets too much angry, he can get physically violent too. He keeps on boasting that he has lot of contacts with muscle-men and big shots. His mother turned out to be the most abusive and violent woman that I had seen in my life. Slowly, I was getting the whole picture. My husband openly told me that he has a record of bashing up people since his college days and has links with the local hooligans besides informing me about his suicidal tendencies. His and his mother demand of a high-end car was ultimately fulfilled by my parents besides giving them an expensive LED TV. After I became pregnant, I came to my parent. At night my husband came along with his two assistants and created a lot of terror at our residential premises. He wreaked havoc on us and indulged in lot of vandalism and violence. In hope of reconciliation when I called him, rather than apologizing for his misdeeds he asked me to abort my child. After two months, he entered into my parents’ home and physically assaulted my father twice. Police was called and later he was released on PRO. He filed a case of Restitution of conjugal rights to protect himself from DV and 498(A). In the whole duration of my pregnancy, he abandoned me. Even after the birth of my baby he never paid a visit. Whenever the court dates came near, he threatened me of acid-attack and elimination of my family through anonymous letters in our mail-box. After mustering all courage, when I went to the court to contest the petition, seeing me in the court, his advocate produced a divorced petition of Emarate Shariat (Islamic Council) which stated that he has already divorced me two months back by saying talaq thrice in my presence and presence of two witnesses. In reality, nothing of this kind ever happened. I was not informed nor my family. No maulana or Qazi came to my home. I am finding it very shocking. The family court Judge advised me not to reconcile with my husband whom he called a monster seeing his aggressive and violent behavior. He said that my life and baby would not be safe with him. Since last one year my husband has not paid me a penny nor has he taken care of my medical expenses. All this while he has made me and my baby go through untold degree of torture and misery. My counsel has told me that we will not let him withdraw the Restitution of conjugal rights petition on ground of triple talaq petition of Emarate Shariat. Please let me know what should I do and how to move forward? Should I file domestic violence petition now. My husband has proved himself to be a beast. How should I safeguard the custody of my baby?


Learning

 4 Replies

Arvind Singh Chauhan (advocate)     24 January 2014

DV Act is the proper remedy.

Arvind Singh Chauhan (advocate)     24 January 2014

DV Act is the proper remedy. don't admit the Talaque produced by him.

Adv Akhtar Ali Sheikh (Property Law Consultant)     25 January 2014

Talaq may be valid even oral one suffices and as per the doctrin of personal law jurisprudence Muslim has a power to pronounce talaq so again as per personal law you may no longer be married BUT the other laws like domestic violence, maintenance etc do not come within the purview of personal law so even if you are divorced provided he acknowledges so you still have all the remedies available to you under the aboce laws.

samir pathan (excutive)     27 January 2014

if he say 3 times talaq with witness or without witness. Talaq is done. As per muslim shariyat you are not his wife after 3 talaq.

As per indian low you can file DV case against him. but you can not get back as husband to him again if talaq is done.


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