need advice
Querist :
Anonymous
(Querist) 05 July 2010
This query is : Resolved
Dear Sir,
I need expert advice for one of my friend,who is not well educated and a vegetable vender.He got hi daughter married almost two years back.The girl is a bit slow in understanding etc.Her husband and his relatives are eying for the jewels and some house property for the girl from her father.The husband is a van driver and never bothered about giving any basic things for the girl.The girl became pergnant and he left her back in her parents house for delivery.A girl child was born in January and the girl was staying with her parents only since the delivery.He visited the girl ony once after the child delivery,but never even brought any thing to the child till today.He and his relatives came pestering the girl parents asking them to send the girl to his house.,They even used force and threatened of beating etc the family.a month back,the girls relatives took the girl to the house of the husband and left her there with the id.The husband never even cared to get anything for cooking nor food for the child.The house where he was residing did not have facilty for cooking,no ventilation.He just left for job and came back home late night.The girls parents did not send any of the jewels of the girl or for the child with the girl.Their aim was only theses monetary benifits which they did not lay their hand on.The girl next day unable to bear the situation called her father and requested him to come and take her back,which they did.The husband called up the father on phone and started using abusive language asking him send his wife back,which they refused,because of lack basic facility and were afraid of the guy putting the child and wife to death.One fine morning the husband arranged to transport the belongings of the girl like almirah and few things,and unloaded it outside the girl's house outside and left.He called them up on phone and wanted to settle the case by paying money and letting him free from the marriage.The parents asked him to decide as to what he will give to the child and wife in case they seperate.He did not say anything.One day the husband's brother came fully drunk and used all abusive language at the girls place when no male member was there.When these people called up the police they ran away.
Two days back the husband came to the girls house along with a couple of people and beat up the girls brother and insisted on sending the girl and child with him.When the girls side tried phoning up of police,all of them ran away and lodged a police complaint on the girls side that they are refusing to send his wife back.
The girl's side also made relevant complaint wity police.The inspector called both the parties for enquiry.The girls father bluntly refused to send the girl for fear of the husband harassing the girl and getting her killed wit the child.The girls father told the police that he will get the divorce matter settled at Family court seperately.The husband was told by the police that he should not go to girl side and pester or create any problem.Thus the case at police station has been temporarily settled.
On enquiry we have found that this husband had alread married ca girl few years back,lived with her,harassed her a lot for money ornaments etc,and had threatened to kill her . The girl side came to know of this,since the husband was a notorious gangster they just by force seetled out side the court and got the girl away from the guy.The way he is proceeding it looks that he wants to getb rid of this present girl too,somehow without giving any allomony of money as compensation to the girl and want get divorce from the girl as he will not get anything from the girls side,so that he can go ahead for yet another marriage.
Kindly advise us to what should we do at this stage.Should we file a criminal complaint on the boy,if so where and what sections.Should we also file a divorce petition at the family court seeking divorce and compensation and monthly maintenance for the girl and child Female.What are the grounds we should seek this divorce.The girl and boy both are resident of Chennai city and married in Chennai city only.What will be the legal expenses for completing the entire case.Can you suggest s good dependable advocate for theses proceedings.
Also clarify as to in case the Family court awards maintenance to the girl and child how the husband will be instruted to pay the amount every month and how to make sure on this and if he does not pay what is the remedy.
Thank you very much for this help.I di a lot of social work for the needy and hence this email
Srinath Kondapally
(Expert) 05 July 2010
It is better to contat local district court legal services authority to get required justice with the help of legal fraternity.
