UMMEED
'Ummeed' celebrates the courage, determination and journey of women who have stood up against violence and emerged stronger. Through this sharing, we hope to inspire others to take the first step.
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FIGHTING AN AGE-OLD BATTLE
Martha, entered into wedlock with her husband, in the hope of a happy marital life. Unfortunately, within a few weeks of marriage she realised that her husband is an alcoholic. He was also violent, abusive and suspicious by nature. He would not hesitate to physically abuse her over any trivial issue. Further, he would make outrageous allegations against her and falsely accuse her of having extra marital affairs. These verbal and physical assaults by her husband would be further aggravated due to the provocation of her in-laws, who would instigate him to harass her further.
Whenever Martha felt situations were beyond her control or the assault was too much to bear, she would approach the Police. This only resulted in a temporary reprieve as no firm action was taken against her husband. During one of her pregnancies, her husband tortured her to such an extent that she attempted suicide. Fearing repercussions, she was hospitalised and saved due to timely medical assistance. Nevertheless, the abuses and harassment continued unabated.
An incident of extreme physical violence resulted in fractured ribs, for which Martha was hospitalised. At this stage, Martha decided that she could not continue to stay in such a violent and toxic environment. She approached the Police, several counselling centres and even state authorities, but there was no proper guidance or acknowledgement of her plight. During this time, she came in contact with Majlis. The legal team immediately assessed her situation and advised her to register a FIR u/s 498A and other IPC sections due to the repeated acts of cruelty. After much follow up with the Police, the FIR was registered.
Further, Martha took a bold step of leaving her matrimonial home. However, she could only take her daughter with her because her husband refused to let her son go, despite her best efforts. Her husband had always been cold and distant from their daughter and only bothered about the son’s well-being. Moreover, with her limited resources Martha realised that it would not be possible for her to take care of both children. Martha rented a premise and in the meantime, the legal team prepared for her case under the Protection of Women from Domestic Violence Act. Martha got a job that paid her a meagre salary but required the money to pay the rent and look after her and her daughter’s expenses until the Court order. Her husband used this as a ground before the Court to deny payment of maintenance. The legal team was undeterred and put forth the legal proposition that even a working woman is entitled to maintenance from her husband.
Due to the persistent efforts of the legal team in following the case and ensuring quality representation, Martha and her daughter were granted interim maintenance. Her husband was also directed to pay her monthly rent.
The interim order by the Court has provided much needed reassurance to Martha. She continues to work and receive maintenance and rent as granted by the Court. Not only has she gained financial security, but also peace of mind. She is confident that she can face any life situation with determination and courage.
Names have been changed to protect privacy.
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Enclosed is the story in Hindi and Marathi
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Our mailing address is:
Majlis Legal Centre, 4 A/2, Golden Valley,
Kalina Kurla road, Santacruz East,
Mumbai 400 098.
Contact Nos : 022-26661252 / 26662394 / 26668539
Copyright © 2021 Majlis Legal Centre, All Rights Reserved.
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