We are a Muslim family from Maharashtra, and my sister has faced severe abuse since her arranged marriage in 2020. Her in-laws controlled every aspect of her life, took her phone, stopped her from pursuing her career, and denied her basic healthcare. Her husband betrayed her by spending time with another woman in their home and even married someone else without her consent. We filed a domestic violence case, but her in-laws have manipulated the police and court, avoiding all hearings for over a year. Despite having evidence, no action has been taken, leaving my sister stuck in this nightmare. All we want is a divorce so she can move on. Questions: 1. How can we speed up the court process? 2. What legal steps can we take to secure her divorce? 3. How do we deal with the manipulation of police and court by her in-laws?
Dear Sir, Your sister has to file a Civil Suit preferably in Family Court seeking Divorce under the provisions of THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939.
Dear Client, Since your sister's situation...is somewhat serious, here are various legal ways to speedicclosure, going through court for a divorce, that you could pursue. Your attorney could file an application for expediting the hearing under the Protection of Women from Domestic Violence Act, 2005, so that the court proceedings would be speeded up. If the in-laws are deliberately avoiding hearings, should you ask the court for ex parte proceedings, the case may be allowed to go ahead without their presence. A writ petition may also be filed in the High Court under Article 226 for the time-bound disposal of the case against the abovementioned in-laws. If delays are occurring due to inaction by the police, a direct complaint under Section 176 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly CrPC 156(3)) will compel the Magistrate that the police may investigate. In that case, she can open a Khula that is a divorce for a Muslim woman against her husband through a Qazi or a court. If he denies this outright, she can go file for dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939, on grounds of cruelty, denial of marital rights, and his getting married again without her consent. The second marriage of her husband can constitute an added advantage in her favor as it adds cruelty into the issue of divorce. This can also lead to prosecuting him in the second marriage under Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023 (formerly IPC 494). In order to avert manipulation of police and judiciary by the in-laws, one can file a perjury application under Section 78 of BNS (2023), which used to come under IPC Section 191-193, if they are found misleading the court. In extreme cases where the other party continues to evade hearings, one can very well place a contempt of court petition in the court with a demand to take strict legal action. An alternate way is to approach the State Women's Commission, NHRC, or a Public Interest Litigation (PIL) in the High Court to put pressure on the authorities to act. Since this is an obvious case of abuse and injustice, uniting the efforts of women's rights organizations, NGOs and media platforms will probably help call attention to the injustice. I hope this would help. Let me know if you need further assistance.
Dear Client, Based on your question and according to the facts provided by you, it is a clear case of domestic violence along with cruelty by the husband and his family, and it is also mental torture, denial of basic healthcare and education is also a violation of basic fundamental rights as well. Now coming to the concern regarding the police and court not cooperating and coordinating properly and refusing to deliver justice even after having the proper evidence. So for this we can appeal at a higher court and also if the police are not coordinating we can write a request to the higher authority of Police like SP, IG, DIG. And she can also file a divorce under the Dissolution of Muslim Marriage Act. I hope this advice helps you. For more detailed discussion feel free to contact.
Dear client, based on your question and according to your situation it is suggestable that your sister can file a case under The Muslim Women (Protection of Rights on Marriage) Act, 2019. For further discussion feel free to contact us.
