Respected sir/madam
Myself ala Uddin barbhuiya from Silchar, Assam.
My brother in law(sajid) has performed second marriage with(Shabana) instead of staying his first wife(huma)in his wedlock, who is my sister
During his marriage with my sister(huma) he was already a divorcee with shabana.
Sajid also had a child from his first wife i.e divorced wife Shabana.
After passage of 7 years of married life with my sister (huma) now he remarried his divorced wife Shabana.
Sajid also have two sons from my sister (huma).
Now sajid brought Shabana back at a rental house nearly 1 km far from their main house where my sister (huma) along with two sons staying.
Now sajid have been torturing to my sister (huma) since his remarriage with shabana.
my sister (huma)thinking about the future of her two sons not inclined to take divorce.
therefore, please suggest me the appropriate legal step by which his torture could be prevented and a good lesson could be taught to him...
1. Since the husband is treating his first wife with cruelty, thus under section 2(8) of Dissolution of Muslim Marriages Act, 1939 she can proceed to file suit for divorce on the grounds of sub-clause (a) of the aforementioned section which states that “that the husband treats her with cruelty, that is to say – habitually assaults or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment and sub-clause (b) which states that “is he has more wives that one, does not treat her equitably in accordance with the injunctions of the Quran.
2. Additionally it is to be noted here that before the passage of the decree by the court of apt jurisdiction the court will take an application by making an order which will require the husband to prove to the court within one year from the date of such passage of decree that he will treat his wife fairly and has ceased to be impotent if the husband satisfies in doing so then no such decree will be passed as to dissolve the marriage subsisting between the husband and the wife. Thus would be the fair remedy to protect the sanctity of the marriage.
3. Furthermore, it was observed in the case of Mumtazul Karim v. Vikraun Nisha, AIR 2013 MP 172 – in a typical Islamic situation arising out of recognition of polygamy by Muslim law and the Koranic injunction to treat all wives equitably, thus wherein the case when the husband showed more love and affection towards the 2nd wife thus it would be considered cruelty.
