LawRato

Want to enter safely to my matrimonial home


28-Jul-2023 (In Domestic Violence Law)
My religion is muslim. My husband want to do 3rd marriage and his family support him in this they torture me so much every now and than and now they refuses me to get back to my matrimonial home what should i do to save my relation?
Answers (3)

Answer #1
805 votes
i red your entire history of your marriage life but it's not sufficient material for my advice and you have stated of torture word but what type of harrsment by husband and now whats reson of refuse for come back mantrimonial home so kindly share detailswise history mention me therefore I will give you advice for domestic
Helpful? LawRato LawRato

Answer #2
848 votes
You can file a domestic violence complaint and obtain a residence order under section 19 and seek relief regarding your stay in the matrimonial home. I would require full details of facts before I can answer your grievance satisfactorily.

Meet me at my office with all the requisite documents and we can proceed.
Helpful? LawRato LawRato
Answer #3
683 votes
Features of Muslim Women (Protection of Rights on marriage) ordinance 2018:-

The bill makes instant triple talaq (talaq-e-biddah) in any form — spoken, in writing or by electronic means such as email, SMS, and WhatsApp illegal and void, with up to three years in jail for the husband. MPs from RJD, AIMIM, BJD, AIADMK, and IUML opposed the bill, calling it arbitrary in nature and a faulty proposal, while Congress supported the Bill tabled in the Lok Sabha by law minister Ravi Shankar Prasad.[12][13]. The bill faced stiff resistance in the Rajya Sabha. Several Opposition lawmakers called for it to be sent to a select committee for close scrutiny. The bill was finally passed by Lok Sabha on 27th December 2018 with strong support.

The president of India has recently on September 19, 2018, in the exercise of the power conferred on him under Article 123(1) of the Constitution of India promulgated an ordinance named Muslim Women (Protection of Rights on marriage) ordinance 2018 for protecting the rights of Married Muslim women in India.

The president has used this power because the Muslim Women (protection of rights on marriage) bill 2017 has been passed in Lok Sabha but it has not yet been passed by the Rajya Sabha.

The main objective of this ordinance is to declare the practice of Triple Talaq or the instant Talaq void. The practice of Triple Talaq was continuing even after the verdict given by the supreme court in Shayara Bano vs Union of India which rendered the act of giving instantaneous Talaq unconstitutional and invalid.
Triple Talaq, also known as talaq-e-biddat, instant divorce[1] and talaq-e-mughallazah (irrevocable divorce),[2] is a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence.[3][4] It allows any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for “divorce”) three times in oral, written, or more recently, electronic form.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."