Majlis Ummeed: Such a long journey
Majlis
At Majlis we are often asked how long does a legal case take. And we say, sometimes it can take a lifetime. Anarkali is one such case.
Anarkali hails from Kotigaon village in UP. In 1984 at the tender age of ten, she was married off to a man who died a year later. So she was remarried to his younger brother, as was the custom of the community. The husband was studying but Anarkali was never sent to school. In 1990 her husband moved to Mumbai to work with his father. Shortly thereafter, Anarkali also came to Mumbai, but her husband showed no interest in her as she was rustic and uneducated. She was shunned, abused, beaten and tortured. Her husband would constantly force her to go back to the village, but each time she managed to return.
In 1999 Anarkali found out that her husband was going to get married to another woman. She therefore approached the Special Cell for Women and Children, Kandivali. She was then referred to the Bhandup Police Station who accompanied her and stopped the marriage. Her husband and his family were enraged. They assaulted Anarkali brutally and she managed to save her life only because of the help of her neighbors. The police filed a mere NC* in spite of this brutal attack. In February 2000 her husband secretly went to the village and got married. Anarkali was devastated. She had no source of income, no roof over her head and no support from her family. So what could she do?
Anarkali’s husband left the home and started residing with his new wife. Her father-in-law tried to throw her out of the house. He would harass her daily both physically and mentally. Switch off the fans during summer, beat and abuse her, deny her food, etc.. Anarkali approached AIDWA*, an NGO who helps women, and with a lot of encouragement and support she agreed to file the case in court. So she was referred to Majlis.
In 2000 we filed a case on her behalf against her husband and father-in-law in the Family Court, Bandra to help Anarkali secure her rights (this was before the passing of the Protection of Women from Domestic Violence Act, 2005). We prayed before the court that Anarkali should be allowed to reside in her matrimonial home peacefully without violence and that her husband, who was working in Ceat Ltd and earning about Rs. 16,000 per month, should pay her maintenance. We got a temporary interim order of injunction and maintenance.
The other side tried every trick in the book to deny her prayers. They claimed that Anarkali was never married to her current husband and that he was providing for her out of the goodness of his heart as she was his brother’s widow. They also denied that the house in Mumbai was her matrimonial home and insisted she resided in the village. They tried their best to make Anarkali look like a scheming woman who wanted to grab their property.
Despite their best efforts, the judge saw through all their tactics. We got a favorable final order in October 2007. An injunction restraining her father-in-law from throwing her out of the matrimonial home and to allow her peaceful occupation. We also got a maintenance order of Rs. 1500 per month.
But the battle was not over yet. The torture continued, but by now Anarkali was more confident to deal with it. She would seek the help of the police if they harassed her. Her husband would not pay her maintenance regularly and in 2018 he completely stopped. Majlis again approached the court to file a recovery application for the maintenance arrears. We have been doing this each year since.
Since Anarkali’s expenses were mounting we again approached the court with an enhancement application in January 2019. We prayed to the court to increase her maintenance from Rs. 1500 to Rs. 20000 as her husband's earnings had increased many fold. Just last week in February 2021 we got a favorable order. Her maintenance was enhanced to Rs. 3000.
Anarkali is still the naïve village girl who finds it difficult to navigate the city. She has grown in little ways. With the help of her neighbors she is able to send WhatsApp messages to us about her court dates. She travels to court on her own, albeit nervously. She does small jobs at a nearby factory. At the last court hearing she spoke confidently before the judge. Her father- in-law has passed away, but her younger brother-in-law and his wife live in the house. The skirmishes continue but the timely court order protects her crucial right of residence. Ms Sugandhi Francis from AIDWA who has been a constant support to Anarkali since the beginning says “not a week goes by where Anarkali does not call to update me about her life in her melodious singsong way. I have so much respect for her, inspite of being illiterate she has stood strong.”
It is because of the support from individuals and organisations that victims of violence are able to enforce their rights and become survivors. For us at Majlis, it's 22 years and counting…
About Majlis
We are a team of women lawyers and social workers who work for the protection and promotion of women and children’s rights through legal representation, advocacy and training. We provide social and legal support to women and children victims of sexual and domestic violence.
* NC - Non Cognizable Offense
* AIDWA - All India Democratic Women's Association,
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