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Shirish Mishra (BDE)     19 May 2011

Legal Problem in Love Marriage

Dear Sir/Madam

 

Five years back, in year 2006, I married a girl named Sony. That time I was 21 years old and she was 18 in real. However, she didn't have her real age on her schooling documents and it was just 16. We both eloped after an informal tie of marriage. My father in law registered an FIR against me, saying that I kidnapped his daughter and robbed his property. Now I have two kids, a son and a daughter. And last year, I went back my home and got on bail. Now the trial is under process. Now she is adult by all majors? Some people say court of law will go by her age at the time of incident, when we both eloped. Is it true? Do I still deserve to be punished? My wife is in my favor and she has also given her statement in my favor. Please guide me.

 

Regards



Learning

 18 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 May 2011

Contest the case. After prosecution evidences you call me I will inform you what to do.

Ravikant Soni (LAWYER IN JAIPUR)     20 May 2011

For Kidnaping it's must to prove 'taking' or 'enticing'.

If your wife states she went upon her own will then case is not made out.

If you want more opinion, send scan copy of your wife's statement to my email ID.

rksoniadv@gmail.com

Ravikant Soni (LAWYER IN JAIPUR)     20 May 2011

For Kidnaping it's must to prove 'taking' or 'enticing'.

If your wife states she went upon her own will then case is not made out.

If you want more opinion, send scan copy of your wife's statement to my email ID.

rksoniadv@gmail.com

Ravikant Soni (LAWYER IN JAIPUR)     20 May 2011

You may prove your wife's age 18 at the time of incident by producing some other relevant proofs such as hospital records if available of by birth ceremonial records....

Shirish Mishra (BDE)     20 May 2011

You may prove your wife's age 18 at the time of incident by producing some other relevant proofs such as hospital records if available of by birth ceremonial records....

 

___________________

We don't have any such official doc that we can submit in our favor. As I said she had her falsified age on her schooling docs and we can't show that. Somebody suggested me to arrange a false Janmkundli, prepared by some Pandit . But what if her father counters it with her schlooing records?

 

The major point is that now my wife is major by all means, so why the court of law would not consider her statement?

Shirish Mishra (BDE)     20 May 2011

Contest the case. After prosecution evidences you call me I will inform you what to do.

__________________

Thanks for offering help. I will contact you.

Arup (UNEMPLOYED)     20 May 2011

Some people say court of law will go by her age at the time of incident, when we both eloped. Is it true?

---   the age according to the school certificate will be in question, at the time of incident.

 

My wife is in my favor and she has also given her statement in my favor

---   yes that is true. but the legal custody belongs to her father. due to that the case is filed.

Arup (UNEMPLOYED)     20 May 2011

Do I still deserve to be punished?

---   this will finaly be decided by the judge only. the point of consideration will be, from the date of elope to rich her age at 18 yrs.

 

she was 18 in real   ---   how you came to know?  have any authentic d.o.b,certificate from the hospital or concerned medical staff engaged  at the time of her birth. if it is there, you will get relief try for it.

Shirish Mishra (BDE)     20 May 2011

Some people say court of law will go by her age at the time of incident, when we both eloped. Is it true?

---   the age according to the school certificate will be in question, at the time of incident.

 

_____________

I am sorry, Sir. but couldn't make out your point. Plzelaborate. Thanks

 

 

My wife is in my favor and she has also given her statement in my favor

---   yes that is true. but the legal custody belongs to her father. due to that the case is filed.

____________________

How the legal custody will belong to her father when she is major now by all means?

Arup (UNEMPLOYED)     20 May 2011

false Janmkundli   ---   never do it, you will face more problem.

 

The major point is that now my wife is major by all means, so why the court of law would not consider her statement?

---   the legal custody belongs to her father, at that time. due to that reason the case was filed and going on till today.

the issue will be, from the date of elope to rich her age upto 18 yrs.

have you tried to manage your in laws?

is your wife ready to accept that she told you her age was 18 at the time of elopment. then also it may be managed anyhow.

Shirish Mishra (BDE)     20 May 2011

she was 18 in real   ---   how you came to know?  have any authentic d.o.b,certificate from the hospital or concerned medical staff engaged  at the time of her birth. if it is there, you will get relief try for it.

                         

 

______________________

In villages, in India, it's very common that people have their false age on their certificates. My wifedoesn't even know her real date of birth. She says (acc to her mother) she is five years younger to her elder brother who is now 27 on docs. That makes me say she was major by the time of incident.

Shirish Mishra (BDE)     20 May 2011

---   the legal custody belongs to her father, at that time. due to that reason the case was filed and going on till today.

the issue will be, from the date of elope to rich her age upto 18 yrs.

have you tried to manage your in laws?

is your wife ready to accept that she told you her age was 18 at the time of elopment. then also it may be managed anyhow.

 

_________________________

Yes, She has said so in her statemnt to Judge. I have not spoken with my in laws on this issue. They don't talk to us. I am not sure if they will appear in court against me, may be they don't even apopear. But i think cort will summon them?

Shirish Mishra (BDE)     20 May 2011

the issue will be, from the date of elope to rich her age upto 18 yrs.

 

_________________

I am not getting you what you meant by date of elope to her age 18? Do you want to ask how long it took to reach her 18 as per their statement? In FIR, they have mentioned 14 years which is false even by her school certificates.

Jatin Sapra 9312223345,Delhi (Advocate)     21 May 2011

Hello,

First thing is you may find difference in opinion in members of this forum.

First thing is consent of ur wife at the time of incident do not mattare as she was minor that time.

second the alleged offence was commited then so circumstances now not refelects upon the case in technical sense.

third you may go for Bone test in private first at get what is the age now and accordingly if you find something in ur favour you can lead that in your defence at lateron stage.

Regards:


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