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aashhokaan (None)     24 September 2011

Need help for my critical situation

Hi,

my marriage was love marrige done by registerar office in 2010. we two stay normally in our home( myself stay @ my home and my wife stay @ her home alone). after six months we informed our parents and they told we will arrange the marriage. my family is not wealthy compare than my wife family, so they are not intrested our marrige. then after 6 months they told that astro is not matching for this couple so we are not intrested in this marriage so my daughter need divorce for her future. before that my wife mentally tortured by her parents by the following statements.

"their family is not wealthy so they could not  opt for our family"

"their family members are uneducated so our relatives are treated us not well"

"for your mistake we could not participate any our relative programs so you should avoid this marriage we will arrange some wealthy family"

"and also my mother in law told if u married this  guy we will commit sucide"

this kind of activities my wife also asking divorce now...

but i have believe one chance for councelling time for us, our life will be in safe side. now no conversations with us.

but i am not ready to do that.

My ultimate questions

1. wether my decision is correct or not?

2.now  their totally changed my wife mind by improper words about me. so totally she changed her decision about divorce (cant live with you).now they are ready to face the problem by court. According this what to do?once again i remember i am not ready to do that(divorce).

3.wether the divorce case succeded  to my wife or me?

 

I NEED SOME ADVICE ABOUT THIS SITUATION. PLEASE HELP ME



Learning

 15 Replies

parveen gulia (lawyer)     24 September 2011

your first question is your parsonal opnion & thought.second is that firstly they fill a petition for divorce after that your trem is start now in my opnion if she is not want to live with you there is no remedies given by law but if you want to irretate her then you can by not give consent &mutual divorce to her. but she is with you on one can obstruct you to live with each other.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     24 September 2011

YOUR DECISION FOR COUNSELLING IS VERY GOOD AND FAR BETTER. BOTH OF YOU NEED COUNSELLING. IF YOU ARE SETTLED IN YOUR JOB GO FAR AWAY AND SETTLED YOUR LIFE OR CONVINCED YOUR PARENTS & IN-LAWS.TO TAKE DIVORCE IN EITHER WAY IS NOT SO EASY.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 September 2011

See most of the places have family courts, where you can apply for mediation and counselling.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

aashhokaan (None)     25 September 2011

Thank you sir ..

Now  they are send summon to me, but not yet to be received my side . in that summon process what to do my next process .may be that summon notice will be receive on next two days.

father in law asked mutual consent by third person. he replied that he is not ready for mutual consent or divorce.

waiting for your response...

aashhokaan (None)     25 September 2011

how can arrange counselling for us?

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     26 September 2011

YOU FILE THE APPLICATION BEFORE THE COURT FOR COUNSELLING /MEDIATION.

aashhokaan (None)     27 September 2011

 

Thank you for your guidance Mr. SHAILENDRA SRIVASTAVA

can u xplain the detail procedure about counselling...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

Bhaabudevi,

 

It depends on which city/ state you are in.

 

Most of the states have constituted the family courts, where you can apply for mediation/ counselling.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rajiv_lodha (zz)     27 September 2011

@Shonee!

Can one put application in court directly for mediation only? Till now what I gathered was that mediation is initiated by courts in Divorce, RCR, Custody petitions etc.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     27 September 2011

YES AN APLLICATION CAN BE MOVED DIRECTLY BEFORE ANY COURT. IT IS THE SAME PROCEDURE AS IT FOLLOWED BY ANY COURT.

aashhokaan (None)     29 September 2011

Dear all!

My in laws sent lawyer notice to me.

In that, they told my marriage done by cheated and threatening by myself to her daughter. Also he told they are not live husband and wife relations so this marriage is not a legal process. so you and your family members are do my daughter favor ( she need divorce or mutual consent  bcoz she did marriage some mental tortured and threatning by you). Otherwise we will go to court for further procedure and you are the responsible for spents amount.

But the real fact, marraige was done by my wife itself, she compelled do it quickly otherwise my parents are opposed and they arrange for alliance.

Now how can i move further steps in that lawyer notice. kindly respond my problem. Thanks in advance

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 September 2011

A case is in the making/

 

Hence my advise would be if the girl doesnot want to stay with you anymore, better get out amicably by filing mutual consented divorce petition.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

aashhokaan (None)     06 October 2011

Dear all!

 We registerd our marriage at registrar office itself only. But we did not married at the place of temple.. my in law said "the marriage was done by forgery without any marriage document and they give some bribe to the registrar officer so this marriage was done by forgery" send through the notice. but originally our marriage done by registrar office with the document of invitation only, in that invitation marriage held at our home village arrange by family member itself (In this fact not true becoz we legally register our marriage and there is no opposition from our in law family)Also we did not change any garland changes for each other ..is this marriage is legally correct or not  .. whether My in law statement true or not ... In case true what can i do for further step...My wife inocent  now bcoz my in law families are threadening her.. at the same time she cant help me .. In this case, How can i pass the time upto 1year or some more months .. but my in law said we can file against him about this marriage forgery.. . please some one reply as soon as possible ... Thanks  in advance

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 October 2011

If the marriage was registered at Registrar Office, it is a legally valid marriage.

 

The onus is on the other party to show any force/ fraud/ coercion.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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