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DEFEATING A HOPELESS BATTLE
Sujata had a fleeting marriage for about 15 days, after which she was thrown out of the matrimonial home. She was abused and harassed on account of dowry. Her husband and his family were not willing to take her back unless their demands were fulfilled. Sujata was in a dilemma as to her future life. She approached Majlis to seek legal recourse and guidance.
The legal team at Majlis explained to Sujata the various legal remedies available to her, i.e. maintenance, reliefs under the Protection of Women from Domestic Violence (PWDV) Act, divorce, FIR at the Police Station, etc. Sujata did not want to approach the Police. She was also unsure about divorce at that point. Hence, legal team advised her to file a case under the PWDV Act in order to get preliminary financial support from her husband. Thereafter, she could decide on the further course of action.
Sujata was a simple woman and did not have much knowledge about her husband. She informed us that her husband was in the Police but had no documentary evidence of the same. Attempts to enquire through friends and family were futile because they were all scared of her husband and refused to divulge any information. Also, an application under the RTI Act did not provide decisive information.
Accordingly, a case under the PWDV Act was filed by Sujata against her husband seeking various reliefs. However, the legal team encountered several difficulties in serving the summons upon her husband, as he managed to evade service on one premise or other. It soon became evident that Sujata’s husband was well aware of Court procedures. He adopted every tactic to evade summons. This led to a considerable lapse of time.
Sujata was working at the time of her marriage and was financially independent. However, the problems in her marriage had taken a toll on her mental health. To ensure her financial independence, the team had to motivate and encourage her to continue with her job. We understand that dealing with such emotions, managing a job and embarking on a legal case is not easy. It requires determination.
During this time, Sujata decided that she did not want to continue in the marriage, as she realised that her husband was not making any efforts to take her back; much less even communicate with her. Whatever little communication happened between Sujata’s husband and her family members proved futile because her husband showed no signs of agreeing for divorce and demanded that she return her mangalsutra.
After much deliberation, Sujata decided to file for Divorce. However, by then she was disillusioned. She vacillated between continuing with her cases or abandoning them; owing to the delay tactics of her husband.
Nevertheless, the legal team at Majlis counselled her about the importance of not losing hope and continuing with the cases, irrespective of the glitches caused by her husband. The legal team persisted and continued to attend her cases, even when Sujata would not go. The relentless efforts of the legal team were rewarded, when her husband was finally served with the divorce petition. This meant that the divorce proceedings would proceed irrespective of the appearance of her husband before the Court. Sujata was immensely satisfied and grateful for the legal team’s persistence despite her vacillation.
Thereafter, Sujata’s husband appeared in divorce proceedings. He was rude, arrogant and aggressive in his demeanour towards the Majlis Advocate, Sujata and even the Judge. He announced that although he is agreeable for a divorce, he would not appear for the subsequent hearings. Undaunted, the legal team reported his behaviour to the Judge immediately, whereupon the husband was warned by the Court of consequences. When her husband again acted difficult during counselling; once again, the behaviour was reported to the Judge. In this manner, the legal team ensured that the husband did not create further uproar. In-fact, after a couple of warnings from the Court, Sujata’s husband mellowed down and appeared before the Court regularly. He realised that his behaviour would not be taken lightly by the legal team and that Sujata was not alone. She was supported by a team of lawyers. Soon thereafter, her husband agreed for a divorce by mutual consent. He even withdrew his initial demand for return of Sujata’s mangalsutra. (As per the law, a wife is entitled to her streedhan. Streedhan includes all jewellery / valuables given to her by her maternal family, husband and husband’s family at the time or in the course of the marriage) Sujata was relieved.
Today Sujata is a content woman, who is independent and supporting herself through employment. The big takeaway for Sujata from Majlis was never to lose hope, even in a hopeless battle.
Names have been changed to protect privacy.
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