NEW BEGINNINGS
Aaliya, under trepidation and with excitement, looked forward for a new beginning in her life in the form of second marriage. She believed that it was her gateway to happiness after a violent first marriage, only later to discover that she would be disappointed and browbeaten.
All the happiness of a newly wedded wife vanished, as her dreams collapsed one after another, after stepping into her matrimonial home. She discovered that her husband, employed in Dubai, was the sole breadwinner of a family of more than 10 members. Her sisters-in-law also stayed at her matrimonial home with their children. Within a couple of weeks, Aaliya realised that she was the unpaid house-maid and cook of the house, who had to do all the bidding of the family members without any grumble. All her belongings were snatched away by them and kept in their forceful custody. Her husband left for Dubai, leaving her in Mumbai to be at the beck and call of his family members.
With a smile on her face, Aaliya did her best, from morning till night, tending to the needs of all the family members; yet, her health did not co-operate. She fell sick frequently. During sick times, she was sent packing to her maternal home to recuperate and then to return to the drudgery, only to fall sick again. Despite being aware of the affairs at home, the husband remained a silent spectator.
Once, while she was at her maternal home recuperating, she lost her father. At that time, when her husband was visiting India, he visited her and even had conjugal relations with her. But he did not offer to take her back to his house. Aaliya realised that she was left in a lurch and at that juncture, she approached us. Immediately, legal recourse was set in motion in the form of an application under the Protection of Women from Domestic Violence Act, seeking maintenance and return of her belongings amongst other reliefs.
In this case, our legal team encountered several stumbling blocks, as Aaliya’s husband was staying in Dubai. The immediate one was the process of serving the legal papers upon the husband. Our legal team ensured that the court procedure was handled deftly and managed to secure an ex-parte interim relief of maintenance. The next step was the implementation of the court order, which was another struggle.
With untiring efforts, our legal team ascertained from Aaliya regarding her husband’s arrival to India, which was during Ramzan. Without further delay, applications were filed before the Court seeking a distress warrant (a warrant issued by the Court to attach movable property in the event of non-payment) against her husband, citing the reason that her husband would be in India for a few days only. Our legal team managed to convince the Court that the order was required on an urgent basis and obtained it on the same day. Our legal team also followed up with the local Police Station to serve the warrant upon the husband.
It was the strategy used by our legal team of approaching the Court at the appropriate time and consistent follow ups with the Police, that resulted in the warrant being served upon Aaliya’s husband in a short duration. This ensured that he was made aware that any attempt to evade the process of law would jeopardise his return to Dubai.
All the efforts of our legal team bore fruit, when Aaliya’s husband approached her to amicably settle the matter and offered to pay her a lumpsum amount, which was more than she had expected. Our legal team’s concern in Aalya’s case had always been execution of her maintenance order because her husband resides and works in Dubai. Hence, his offer to pay her a lumpsum amount greatly benefitted her.
Now, Aaliya has received the lumpsum amount. This has provided her with a sense of financial security. She is extremely satisfied with the outcome of her legal case. She has even applied for Khula. Aaliya agreed to our suggestion to enrol in vocational training. Her vocational training has commenced and she is learning with excitement. Aaliya’s health has improved and she is looking forward to a new beginning in her life, independently.
Names have been changed to protect privacy.
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