I want divorce but Her parents filing false dowry case
Vikas
(Querist) 07 July 2015
This query is : Resolved
I was married to a minor girl(17 years old ) in July 2012 by force from my parents as well as girl's parents. However I was major that time (21 years).I was having a mental pressure of suicide from my grandfather. The engagement took place when I was studying in class 7 or 8 without my knowledge. Now I don't want to bring her with me as I want to marry with a girl of my choice. I haven't had any type of relationship with the girl till now and she is still residing with her father and mother in her home. Now these days after 3 years they are again pressurising me to accept the girl and to live with her which I don't want now. They are threatening me and to file a false case of dowry against me my family. Please suggest me what I can do? I am in govt service and I am to take divorce. But the threat is that if they file dowry case I will be suspended. In this case Whether I have any chance for divorce? . What are the options kindly suggest.
Kappil Cchandna
(Expert) 07 July 2015
Sir,
If the girl was 17 at the time of the marriage, the marriage is voidable as per the discretion of the court.
Better is to file the case under the Prohibition of the Child Marriage Act, 2006 and get the marriage dissolved.
Warm Regards
Kapil Chandna Advocate
9899011450
Sudhir Kumar, Advocate
(Expert) 08 July 2015
ot only the marriage is void you and your parents are guilty of criminal offence
Rajendra K Goyal
(Expert) 08 July 2015
Now the girl and you both are major. Get the marriage registered now.
Forget the past and try to keep on the relation.
dreams never fulfills Completely and fully.
If her parents initiate legal actions may be false, you and your family members have to pass some years visiting the court. If you are arrested, it may trouble your government service.
Vikas
(Querist) 08 July 2015
Thanks for the reply Mr. Chandna. But at present we both are major, then also the marriage is voidable?? May I file the case? And what will happen if they file the case of dowry? Kindly advice.
Vikas
(Querist) 08 July 2015
Mr. Goyal thank you for the suggestion but this is the question of my whole life. I also have some reasons to live my life., I also have some dreams to fulfill according to me. All the things happening to me are by force. I don't understand that why its going on in the 21st century also.I knew about the merriege just before 7 to 10 days.That time also I opposed but just for the sake of society they pressurised emotionaly and forcefully. Is it justice with anyone?
P. Venu
(Expert) 08 July 2015
Your stand is unconvincing. You had made commitment to an innocent girl. There is strict obligation upon you to fulfill that commitment.
You do not have any ground for grievance except that she was a minor at the time of marriage. May be that was not lawful, but the marriage is neither void nor voidable.
You have expressed many a sentiment. Have you ever bothered to ascertain her sentiments?
Dr J C Vashista
(Expert) 10 July 2015
Marriage by consent or by force has already solemnized about 3 years back and now you wanted it to be annulled, it cannot be done.
Is there any thing wrong or missing with this girl/your wife? If no, continue.
Reconcile with this marriage you will find your life full of sweet dreams and prosperity.
SAINATH DEVALLA
(Expert) 14 July 2015
U would be commiting a grave crime in the eyes of humanity if U desire to get rid of UR wife now.Though the girl was a minor then U had every right to oppose both the sides as U were a major.
Sudhir Kumar, Advocate
(Expert) 14 July 2015
you perhaps have no idea what criminal allegations against you and your parents can be proved on record.
SAINATH DEVALLA
(Expert) 15 July 2015
He is possibly investigating a smooth sailing from the forum in getting rid of that unfortunate girl.
