I’m 21 years old, a Muslim woman, married for 8 months. I have a 10th grade education and depend on my family. We haven’t had children due to family issues, and I’ve been separated from my husband for 3 months. We’ve tried to reconcile with the help of elders, but he refuses to take me back. He won’t give me a divorce, but he also won’t let me live with him. He claims I’m staying with my family now, so I should just stay there, and he wants to marry someone else. Is this legal? What legal action can I take to force him to keep me? Can he legally marry someone else? Please advise me on what I should do.

Apni Law
Apni Law
Law Forum › Category: Family › I’m 21 years old, a Muslim woman, married for 8 months. I have a 10th grade education and depend on my family. We haven’t had children due to family issues, and I’ve been separated from my husband for 3 months. We’ve tried to reconcile with the help of elders, but he refuses to take me back. He won’t give me a divorce, but he also won’t let me live with him. He claims I’m staying with my family now, so I should just stay there, and he wants to marry someone else. Is this legal? What legal action can I take to force him to keep me? Can he legally marry someone else? Please advise me on what I should do.
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Apni Law Staff asked 2 years ago

I’m 21 years old, a Muslim woman, married for 8 months. I have a 10th grade education and depend on my family. We haven’t had children due to family issues, and I’ve been separated from my husband for 3 months. We’ve tried to reconcile with the help of elders, but he refuses to take me back. He won’t give me a divorce, but he also won’t let me live with him. He claims I’m staying with my family now, so I should just stay there, and he wants to marry someone else. Is this legal? What legal action can I take to force him to keep me? Can he legally marry someone else? Please advise me on what I should do.

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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, your husband cannot legally marry someone else while you are still married. He is required to provide you with maintenance and can be legally compelled to grant you a divorce. You can file a petition for divorce and maintenance in a family court, and the court will decide on the matter. It is strongly advised you consult a lawyer to understand your rights and options for legal action.

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