“It is so much more than I expected. I wanted to get out of a bad marriage but everyone said I would have to give up my right to Mehr.”
Zeenat was shown a rosy picture of marriage. A well settled loving husband, an understanding family… she thought she had it all. After completing her B.Com choose to get married rather than pursue a career. Taking care of a family and home was after all a full time task. The wedding was a big affair. Zeenat was presented with a Mehr of 10 Tolas of gold and some valuables.
But soon after marriage reality struck and the rosy picture began to melt away. Differences arose and harassment from his family began. Zeenat and her husband were asked to live separately. It was then that Zeenat saw the true picture of her husband. She soon realised that her husband was not ‘well settled’ infact he did not earn enough to maintain their needs. There were times when there was no electricity or water as the bills were not cleared. Not able to make ends meet he blamed Zeenat for his condition and accused her of breaking up his family. When Zeenat told him she too could work and contribute he refused and started suspecting her intentions. He then put restrictions on her, even refusing to let her speak to her mother. Her life was filled with drudgery, despair and loneliness. When Zeenat could not take it anymore she left and came to live with her mother.
Sneha a local NGO whom Zeenat had approached, referred her to Majlis. Zeenat’s immediate question was that her husband had called her to bank to open their joint locker claiming he would give her the gold that her mother gave her but not her Mehr. We advised her against going. We feared that once the joint locker was open her husband may take away the entire gold and she would never be able to trace it again. We advised her it was best we get her belongings and Mehr from court as both were legally and rightfully hers.
We filed her case under the Protection of Women under Domestic Violence Act, 2005, through a Protection Officer. We argued for interim maintenance and return of her belongings and Mehr. The husband claimed he was not earning and hence could not pay maintenance. We produced bills of his treatment at Jaslok hospital and pointed out to the court – if a man can afford an expensive hospital for his own treatment he could definitely pay maintenance to his wife. Zeenat was granted interim maintenance. The Court also passed an order for the release of Zeenat’s belongings and her Mehr. The Protection Officer was ordered to help Zeenat regarding the same. Zeenat was relieved that her rights had finally been protected.
But her relef was shortlived. Her husband appealed against the maintenance order in Session court. Simultaneously he filed a case in family court under “restitution of conjugal rights’ asking her to come back. In the Sessions Court we placed all facts before the judge and explained that Zeenat did not want to go back to her violent husband and wanted a Khula. The Judge was supportive of her decision and convinced the husband to settle the matter. Her husband finally agreed and Zeenat not only got her Mehr but also a lumpsum settlement amount of Rs. 2,75,000/-. We simultaneously approached the local Kazi where her Khula was granted. The entire case took a year to end.
“It is so much more than I expected. I wanted to get out of a bad marriage but everyone said I would have to give up my right to Mehr. Majlis helped me secure my dignity and my rights” says a relieved Zeenat. “It is a common misconception that Muslim women cannot ask for divorce. Or that if she asks for divorce she wil have to give up her right to Mehr. Since marriage is a contract the Quran has ensured that the scales are even. A wife cannot be made to feel indebted to the husband forever. We have to protect her rights.” reiterates her lawyer at Majlis. Today Zeenat has started working and is negotiating her own life.
But soon after marriage reality struck and the rosy picture began to melt away. Differences arose and harassment from his family began. Zeenat and her husband were asked to live separately. It was then that Zeenat saw the true picture of her husband. She soon realised that her husband was not ‘well settled’ infact he did not earn enough to maintain their needs. There were times when there was no electricity or water as the bills were not cleared. Not able to make ends meet he blamed Zeenat for his condition and accused her of breaking up his family. When Zeenat told him she too could work and contribute he refused and started suspecting her intentions. He then put restrictions on her, even refusing to let her speak to her mother. Her life was filled with drudgery, despair and loneliness. When Zeenat could not take it anymore she left and came to live with her mother.
Sneha a local NGO whom Zeenat had approached, referred her to Majlis. Zeenat’s immediate question was that her husband had called her to bank to open their joint locker claiming he would give her the gold that her mother gave her but not her Mehr. We advised her against going. We feared that once the joint locker was open her husband may take away the entire gold and she would never be able to trace it again. We advised her it was best we get her belongings and Mehr from court as both were legally and rightfully hers.
We filed her case under the Protection of Women under Domestic Violence Act, 2005, through a Protection Officer. We argued for interim maintenance and return of her belongings and Mehr. The husband claimed he was not earning and hence could not pay maintenance. We produced bills of his treatment at Jaslok hospital and pointed out to the court – if a man can afford an expensive hospital for his own treatment he could definitely pay maintenance to his wife. Zeenat was granted interim maintenance. The Court also passed an order for the release of Zeenat’s belongings and her Mehr. The Protection Officer was ordered to help Zeenat regarding the same. Zeenat was relieved that her rights had finally been protected.
But her relef was shortlived. Her husband appealed against the maintenance order in Session court. Simultaneously he filed a case in family court under “restitution of conjugal rights’ asking her to come back. In the Sessions Court we placed all facts before the judge and explained that Zeenat did not want to go back to her violent husband and wanted a Khula. The Judge was supportive of her decision and convinced the husband to settle the matter. Her husband finally agreed and Zeenat not only got her Mehr but also a lumpsum settlement amount of Rs. 2,75,000/-. We simultaneously approached the local Kazi where her Khula was granted. The entire case took a year to end.
“It is so much more than I expected. I wanted to get out of a bad marriage but everyone said I would have to give up my right to Mehr. Majlis helped me secure my dignity and my rights” says a relieved Zeenat. “It is a common misconception that Muslim women cannot ask for divorce. Or that if she asks for divorce she wil have to give up her right to Mehr. Since marriage is a contract the Quran has ensured that the scales are even. A wife cannot be made to feel indebted to the husband forever. We have to protect her rights.” reiterates her lawyer at Majlis. Today Zeenat has started working and is negotiating her own life.
This article is a part of the ‘Umeed:Stories of Hope’ published by Majlis Legal Centre.
Republished with permission from Majlis Legal Centre.