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Divorce under hindu marriage act

(Querist) 25 November 2015 This query is : Resolved 
My daughter got married and had a child of 2 years old(girl). Her husband has not turned back since the birth of the child. She was abused both verbally and physical assault both by her husband & their in-laws for more dowry. No police case was registered due to family prestige. Now suddenly his parents are telling to my relatives and friends that her husband going to marry another girl and asking to return back one jewel which was presented at the time of marriage which is in my possession. We are also want to get rid of from this greedy family. My jewels were also in their custody. My question is how to legally get separated and how the things to be handed over legally to them and get back my jewels. We don't want any maintenance from her husband. How the child can be legally separated from her father? Is there any law/legal provision to retain the child with the mother. They are now visiting my friends/relative houses and making filthy stories against me and my daughter. What is the legal action may be taken against them Please guide us.
Sudhir Kumar, Advocate (Expert) 26 November 2015
"No police case was registered due to family prestige"


THE YOU ASK

" What is the legal action may be taken against them Please guide us."

PLEASE ELABORATE WHICH PRESTIGE OF WHICH FAMILY YOU HAVE SAVED.

IF YOU ARE SO CONCERNED BY THE PRESTIGE YOU SHOULD NOT SEEK LEGAL ADVISE AT ALL.

WHY AT ALL SHOULD YOU BE ADVISED BECAUSE WHATEVER IS ADVISE DON THIS FORUM WILL BE STOPPED BY WHAT YOU CALL "FAMILY PRESCRIBE".

If you feel that all those women and their parent swho take proper action at proper time do not have any prestige then you deserve what torture is done to you.
Rajendra K Goyal (Expert) 26 November 2015
They have teased your daughter and now want to remarry.

Your daughter may not be needing maintenance but surely her daughter is entitled to it and should not be deprived of it.

Custody of Minor daughter may not be given to father.

Consult some expert lawyer to guide each step.
P. Venu (Expert) 26 November 2015
Legally, he cannot marry another girl unless the marriage is dissolved. Prestige need not stand in the way of seeking legal remedies.
SAINATH DEVALLA (Expert) 26 November 2015
I sail with the suggestions of the above legal experts.
sakthi (Querist) 26 November 2015
Much obliged by the advice given by the learned experts. Thanks to all.
K.S.Srinivas (Expert) 03 December 2015
He can not go for second marriage without taking divorce from your daughter.

Exchange the jewels in the presence of relatives.

Custody of the child will given to mother.

Regarding filthy language, as you felt filing a criminal complaint involves prestige of your family, and in such a case forget any legal remedy.
T. Kalaiselvan, Advocate (Expert) 04 December 2015
Your daughter can agree for mutual consent divorce and also exchange the gifts of each side by listing out the articles in two copies each having one. They can arrive at a MOU for the child custody and a decree may also be drawn accordingly. Consult a local lawyer and take his advise on further issues.
Sudhir Kumar, Advocate (Expert) 04 December 2015
SHE IS NOT OBLIGED TO RETURN ANY PART OF STREEDHAN IN THE NAME OF RETURN OF GIFTS.

You can move fro legal action if not worried about "family prestige".

sakthi (Querist) 08 December 2015
Much obliged to all the experts for their continued advice. Once again Thank you to all experts.


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