Suit for Injunction (Hukum-e-Mumtaani)

Question: A woman explained her problem. She got married. After marriage, her husband put the house in her name. Then there was friction, and according to this lady, her husband is very influential and cruel. I want to take khula from him, but my problem is that he shouldn't take possession of this house. I am currently living in this house. If I file a khula suit, notice will go to him, he will find out, and he will kill me. I want to take khula, and I also want to keep possession of this house in my own hands. What should I do?

Solution: By now you will have understood what the general situation is, since this is my daily work, you will already have seen these kinds of matters come up, what does this lady want, what is her purpose? In any case, legally, I would advise this lady: first of all, ma'am, get a stay order on this house. I'll explain some things in simple language, because ordinary people understand this language, and if I start using legal terminology, it will only cause you difficulty. So I try my best to explain the solution in plain, everyday language. Ma'am, go to a lawyer in your own area, your own city, at the courts, hire a good lawyer, and tell him to file a suit for injunction (hukum-e-mumtaani). Attach your proof of ownership to it, and write all the reasons in it, that relations with your husband are not good, that your husband beats you, that your husband is suspicious-minded, whatever the circumstances are, that your husband uses intoxicants, whatever your problems are, write them into this suit, and then write in the application that he might throw you out of the house and take possession of it, or he might forcibly get your signature or thumbprint on something and get the house transferred back into his own name, or if he bought it for you through someone, he might get it transferred back to himself from you. All these matters your lawyer will write into this suit. Once written, this suit will be filed in the civil court. The civil court will issue an injunction, what we commonly call a 'stay.' It will restrain your husband, ordering that you not be thrown out of this house.

Now, if your only objective is to save the house, then this is enough. But if your intention is that this suit should also include things that would make it easier to get khula, then you also need to write in it that: I do not want to reconcile with him under any circumstances, the hatred has crossed that limit. I am going to take khula from this man, and I strongly suspect that after filing the khula suit he might kill me, he might throw me out of the house, and if khula is granted, I cannot spend my iddah (waiting period) in this house. I will spend my iddah period at my parents' house or at some relative's house, and I suspect it is likely that if I spend my iddah period at my parents' or a relative's house, he will take possession of this house during that time. This will give you protection in the suit, because if he does take possession, the law, under the Specific Relief Act, formally provides that if you had possession and possession was snatched from you, the civil court will immediately restore that possession to you. The only condition is that, whichever area you are in, you hire an educated, sensible, and good lawyer.