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Santosh kumar (lect)     18 April 2014

Fraud in an arranged marriage

Hello all 

 

Arrange marriage done my girls parents without the consent of the girl. They told me and my parents that consent has been taken and in the event made a fraud. 

The girl resisted from day one to consummate marriage and after certain back an forth negotiations she eventually left for matrimonial home. Before leaving she admitted of consent was taken by force. 

While we are trying to annul the marriage if not take a divorce. I am at present going through lot of emotional stress. A lot of expenses were incurred by me and my parents and we never got any dowry. This being first marriage in out family my father incurred lot of expenses in wedding. I have evidences of no dowry taken and as well girl admitting of forced consent. 

Can I sue the girls parents for committing fraud and as well seek compensation for ruining my life. Also have to live rest of my life with a divorcee stamp. Can I seek  damages exemplary/ punitive in nature and as well the expenses incurred in the wedding. 

My consent for marriage was based on the misrepresentation the girls parents did that girl was keen in the marriage. 

Best regards

Kumar



Learning

 6 Replies

Tajobsindia (Senior Partner )     19 April 2014

1.    Read your emotive pitch before me.

2.    Now go and ask via common mediator what girl / her side wants out of this non-consensual marriage?

3.    Once para 2 becomes clear then you may act as per Law as in all asked worries can be acted in accordance with Law provided para 2 you get a hint about.

4.    Also inform forum how old is this marriage?

1 Like

Santosh kumar (lect)     19 April 2014

Thanks for the reply.  The Girl is rigid on ending the marriage. We tried to resolve the issue with common mediators . But this is not working out she is rigid.  The girl's parents where denying the force marriage for a while. But under a large number of people eventual said that she was reluctant but made her convinced. We suspect a love affair but noting concrete to prove. Even the girl could have communicated to me before marriage which she didn't.  What is more disheartening is girls parents are not taking any serious steps to solve the matter now. She came once to my home after persuasion of the all of us but still refused to consummate the marriage and left  after a brief stay. Deliberately she is not fulfilling the martial obligations. 

The marriage is over an year now. All this while efforts to solve the matter failed and have tried all my efforts.  I would though seek divorce if not annulment is possible.

Both my parents and myself have gone through this plight for no fault of this. My parents spending their hard earned pension money on my marriage. Even I spent and as well took personal loan for the marriage. And now I need to seek another marriage with a divorcee tag  where there is no fault of mine.  Please let me know what kind of compensation can I seek in my divorce plea. 

Gautam Kapoor (IT professional Studying Law)     19 April 2014

to me your query looks to me as a woman crying,who will marry me without a divorce stamp ? demanding expenses of marriage and so on.If she is not willing to stay with you,end your marriage and get on with life..TRY TO SEE HOW OTHER PEOPLE ARE SUFFERING

Saurav (Engineer)     19 April 2014

Ramesh......sorry if I am being philosophical but is Sex the only need for marriage?. Why are you forcing your wife to have Sex if she is not interested?. 

After some years you and your wife will grow old. Then neither you nor your wife will look beautiful and neither will your bodies look good. Then also you will like to have Sex?. 

Im sorry but doing marriage only for the sake of Sex is wrong. 

Instead of seeking divorce, Wisdom should dawn on you. Try convincing your legally wedded wife and tell her that Sex is not important. Tell her that you are ready to sacrifice Sex for the rest of your life . Try giving love to her instead of craving for her Sex.......If she is human over the coarse of the life she will understand your love and willing consent for Sex also if that is what you desire.

And you write : Girl is not willing to have Sex on first day?..........marriage is not only about physical Sex......marriage is about meeting of two people who are ready to sacrifice for each other.......and you cannot even sacrifice Sex for one day?......What guarantee is there that the next wife you marry will agree to how you want to be?.

Also understand that yours is an ARRANGED marriage. Neither you nor your wife know each other properly. It takes time to know each other out . For that you will need to be  patient and understanding........Did you ever try understanding what is her problem for not having Sex?......maybe she has some disease, simply mentally not ready for Sex or some other reason.......How did you jump to conclusion that she is loving someone else?.

Why not ask her that question and be ready to sacrifice to save your marriage. Thats the advice i can give you----save your marriage rather than divorce.

Santosh kumar (lect)     20 April 2014

Saurav

Please read the details. She left my home. Even though I  insisted her to stay in spite of refusing to consummate marriage. I offered her all services(doctors , parents counselling etc) but she is adamant. 

I very well know marriage is not only about s*x. Why even I mentioned of non consummation of marriage is because the laws of the country classify marriage based on this. I believe this is legal forum and i need to clear such legal things.

My plight is not why the girl is not willing to have s*x.  The issue is she was forced to get married by her parents. Its not that such things don't happen. But girl should get over it and accept the marriage and continue. Which she is not willing to . 


(Guest)

Sex is an integral part of married life..  If this has been more than an year now..  Go for Divorse and try to find out the reason about her refusal for consumation of marriage.. may be here is some thing missing for you to figure out..  Just having an boy friend could not be the only reason...


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