A close relative of mine, now 35 years, got married in June 2004. After marriage he came to know that his wife cannot conceive as she was suffering from almost incurable disease. She has been taking treatments from various doctors. But all these were never revealed to my relative before marriage. Needless to say, it came as a rude shock to my relative. In 2006, she went to her parents home on the eve of her brother's thread ceremoney with all her ornaments, clothings etc. She all took away with her all her medial papers. She has not returned since then nor is she in a mood to return. Her father had once sent a group of criminals to his house to physically harm him. Fortunately he was not at home then. Her father keeps calling him and his relatives over phone theatening that he is going to kill/ break his legs. The hopes of bringing her back and allow her to live a respectful family life , even without any issue, has almost faded because of her own and her parents' behaviour.
My relative has now decided to move the court to declare the marriage void because he has been cheated by concealment of such an important fact as her physical inability to conceive and deliver a child. He also wants to complain to the police against constant threatening of physical harm being received from his in-laws.
Kindly advise -
1. Best legal remedies to get the marriage void
2. legal protection from threats being received from his in-laws.
A old-aged man is being harrassed by his daughter-in law..what legal remedies he can take?
1) Inward Clerk
2) Dealing Clerk
3) Superintendent
4) Administrative Officer
5) Judge
Is this the correct designation & correct flow?
Just to be brief
498a booked in May
AB obtained in June --> Thank God & HC
Wife staying seperately in a rented house with children past few months
Does Father has any provisions to see children
through
1) Police: Not sure if they oblidge Mens request
2) Court : Since it is civil case, not sure whether we can get order within few (2 or 3) days
It would be a great help if some one tells whats the best solution which can be arrived in a day or two?
To,
The Hon’ble CJI,
Haryana & Punjab High Courts,
Chandigarh
SUBJECT : PLIGHT OF A COMMON MAN TO SAVE HIS
LIFE AND CARRIER
Sir,
This is a Plight of a Common man who has been traped by the misues of Women oriented laws and the Society, the brief facts relating to my grievences are stated hereunder:
Sno. Date Events
1. 13.02.2005 Married with Nitika Gupta, D/o Sh. Sharavan Gupta, R/o 645/9, Bazarian Gali, Babra Mohalla, Rohtak by Matrimonial advertisement in Hindustan Times under Manglik Column.
2. 08.02.2006 Out of the said wedlock an issue was born namely Kinjal
3. 12.06.2007 My parents who are also the senior citizens and were residing at Ludhiana had disinherited me and my wife Nitika making the root cause of all the quarrels my mother-in-law Mrs. Saroj Gupta.
4. 22.04.2008 Marriage of younger sister of Nitika Gupta, where i was abused and humilated by in-laws and i was thrown out of the said marriage. my wife Nitika refused to come with me, instead of repeated requests, and i started residing alone in the said matrimonial home at Gaukran School Road,Hanuman wali Gali in the house of Shri Gangadhar Bhatnagar, Mata darwaza, Rohtak.
4. 27.04.2008 Got a call from landlord at 12:30 p.m stating the incident of Housebreaking by Mother in law and few local Goons,and Dacoity was commited at my Residential Premises. I requested one of my friend’s namely Ajay Mishra to rush to the local police post on phone and seek help of police. He took S.I. OmPrakash with him to my premises and my in-laws were asked to put back all my belongings in my rented protion back
5. 27.4.2008 (19:30) S.I. Sh. OmPrakash talked to me on Ajay’s Mobile and askedme to meet him at Gaukaran Police post at 1900 hrs in the evening and when I reached at Gaukaran Police post i was beaten mercilessly by Tarun Gupta and his associates on the gate of Gaukaran Police Post in presence of Sh. Omprakash who was sitting in green underwear and white banyan on a wooden chair in the police post and discarded my F.I.R was discarded by saying “ TU LUDHIANA KA REHNE WALA HAI. ABHI ROHTAK KA MAHAUL TUJHE NAHI PATA. ABHI TO SIRF PITA HAI. ANDAR KI BAAT MAIN JAANTA HUN. TUJHE GOLI MARNE KE LIYE TERI SASURAL WALON NE 40,000/- DE RAKHE HAIN. DEKHNA CHAHTA HAI TO 10 MINUTE RUKJA WARNA BHAG JAA.MAIN BHI CHOWKI MEIN AKELA HUN. TERI KOI MADAD NAHI KAR SAKTA”.
6. 01.05.2008 An F.I.R was lodge u/s 498(A), 406, 506 AND 34 I.P.C., alleging of cruelty together with my Father (Ex-Indian Navy), Mother & Brother of which prima-facie was discharge by your Hon’ble court dated 11.08.2008, marked herewith as an “Ex-A”.
7. 14.7.2008 - 21.07.08 Dacoity was commited by my in-laws of my valuable items in Rs. 7 lakcs, like computers equipments,Electronics items(give all details), all Certificates since my childhood, of which, i immediately informed S.S.P. Rohtak through post on 23.7.2008 and requested him to lodge my F.I.R. against my in-laws but I was neglected plainly.
8. 11.08.2008 I again sent a reminder to S.S.P. Rohtak to lodge my F.I.R. against Tarun Gupta, Surender Gupta and Saroj Gupta and associates but all in vain.
9. 15.12.2008 I had seen DC ROHTAK SHRI R.S. DOON in his grievances committee meeting after getting bail on 15/12/2008 to give me justice and he ordered the rohtak police to recover the belongings of my computer shop “ KINJAL COMPUTERS” to earn my livelihood and my certificates but the rohtak police converted the order into enquiry and dumped the report for 1 year which i again asked the APIO CUM DYSP Rohtak under RTI ACT 2005 for the DC’S order of recovery and the APIO gave me the reply which is marked herewith as an “Ex-B”.
7. 19.05.2009 Panchayat was called of by my in-laws themselves in my native village Samchana, Tehsil Sampla,Distt. Rohtak which my in-laws demanded of Rs.15 lacs for return of my all certificates, of which the Panchyat had given me in writings as how the fruad was commited on my in-laws part, marked herewith as an “Ex-C”.
8. 9.2.2010. Divo
rce granted by the Add. District judge, Ludhiana, upon findings of the Hon’ble Judge on Pg. 12, “that I was Subject to Cruelty on part of Nikita Goel”, which is marked herewith as an “Ex. D”.
9. I Wrote an online complaint to DGP Haryana on Haryana Police Site whose acknowledgement and complaint id is 00247/2009 whose status till date is “ FORWARDED FOR NECESSARY ACTIONS. SORRY NO ACTIONS TAKEN”. THEN I wrote to S.H.O. P.S. CITY ROHTAK online whose id is 0028/2010 and the status is as above.
10. I wrote to Mrs. Kiran Bedi at www.saferindia.com thrice but the status is “ UNDER PROCESSING, PUBLISH IMMEDIATELY” AND NO ACTIONS TILL DATE.
11. I registered my complaint at President’s Secretriat whose id is PRSEC/E/2010/03115 and PRSEC/E/2010/04223 but all in vain.
12. On 25.3.2010. I registered my complaint on NHRC site whose id is 102164 but unfortunately my file was closed. Then I sent a registered letter to NHRC by post on behalf of my old parents and senior citizens who are suffering from chronic heart disease and diabetese. MY father is Ex- Indian Navy and heart patient and my mother is diabetic since last 26 years and falsely implicated in this 498A though they had disinherited me and my wife Nitika 1 year before this dowry case was lodged and they had mentioned my mother-in-law’s namely Mrs. Saroj Gupta in the affidevit of disinheritance very clearly saying that she is the root cause so we are disinheriting our younger son Ankur Goyal and his wife Nitika on 12/06/07 whereas the F.I.R. No. 275 dtd. 01/05/08 P.S. City Rohtak was lodged under I.P.C. 498A one year after the disinheritance.
13. I emailed to Mrs. Sonia Gandhi twice at soniagandhi@sansad.nic.in, of which no reply till date.
14. I contacted and mailed my details to India TV news channel at Noida but they also said we are not interested.
15. I then mailed to IGP Rohtak range, DIG Law & Order, DG C.I.D., D.GP. CID1, AND IGP CM SQUARD FLYING SQUARD but all in vain. I have even written to the journalists of the newspapers of Haribhoomi, Navbharat Times and The Hindu editor also. I had mailed to Shri Gadkari, Mrs. Sushma Swaraj and Shri L.K. Advani but all in vain.
16. Local Police of Rohtak calls me in police posts and harrashes me “SAYING TU CHAHE CM KO YA PM KO LIKH LE, SAARI REPORTS HAMARE PAAS CHOWKI MEIN HI AAYENGI AUR HUM WAHI KARENGE JO HAMEIN KARNA HAI” A.S.I. CHARAN SINGH, SABJI MANDI POLICE POST. MOBILE NO.: 09466626467 AND S.I. RAMPHAL, GAUKARAN POLICE POST SAYS” TU LIKH KAR DE KI MAINE APNE CERTIFCATE KHUD KAHI KHO DIYE HAIN. HUM PAR UPAR SE DBAV HAI. TU DUPLICATE NIKALWA LE TO HI TERE LIYE THIK HAI. KUCH DEGA TO KOSHISH KARENGE CERTIFICATES DILWANE KI.” HIS MOBILE NO. IS 09354135938.
Considering the aforesaid facts and circumstances, I Humbly requested you to
a) Direct my Certificate to be release from the hands of my in-laws, so that i can get a job of which i can survive my livlihood.
b) Proper legal actions to be taken against the tyranny culprits involved into this Clan.
c) Direct and investigation to be carried out and a Lawyer to be apointed from the Legal Aid cell to defend me in the matters.
d) Any other alternative remedy upon your directions, I beg you Sir to help me as I am very much depressed and disappointed after knocking all the doors in search of justice.
Awaiting for your reply ASAP.
Your’s Faithfully,
Ankur Goyal.
+91-9729637599
ankurgoyal19781@rediffmail.com
Hi,
First of all thanks to those people who has started this online initiative of helping the needy ones. Coming straight to the point…..i got married on Nov 2008, after April 2009 things were changing for my wife with the help of her mother. On June 2009 she asked for separation which I didn’t agree dutifully. 4th of July 2009 her parents came to my home and took her with all her belongings. On 5th September 2009 she filled Section 498 against us. Fortunately I came out from bar within 2 days. From then until yesterday there were no communications of any kind from both the sides. Today I received a letter from court where she has asked for divorce. As per my knowledge goes she might get one-sided divorce as she can prove that we were separate for a year, but 1. what will happen to the case Section 498 that she has filed against my family. 2. How long will it last after the divorce procedure is done? 3. Can I do something after the divorce so that the case against me is resolved quickly.
Awaiting a good and positive reply ASAP.
Thanks,
Abhishek
hi i am amit oza,
i got maaried in 2007,my wife had not completed her graduation
so i told to complete her gradauation so she can take up
good job .but she gave excuse everytime,like forgot to fill the exam form.some how she ttok up job but after that she was not behaving properly.she was not taking up the house responsiblity.she used to abuse my parents.after some months she went to her mother palce and dint return.in oct 2008 she file false complain against me and my paretns .the case was transfered to mahila takrat .but there was no change in the behaviour.since
she was not changing the behaviour i took a seperaete room,but she refused to come there and said she will stay at
my parents palce.then i took help of my frd and send notice under sector9 .then she came to saty there.the situation has not changed.once she tried to burn her clothes and she threatened to commit sucide.she does nothing .not cooking food,not washing clothes
or keeping the house clean.all this work i have to do alone.
i send a notice of divorce for mutal consent but she has not replied.
i want to know the follwing things
1) whats next step i should take
2) can i get a saty agaisnt her
3) dose the new changes can get me the benifit.
4) after filing the case if she dose not come to cout what action i can take
please suggest
i want to aks the following things.
my friends is going through bad time of his marrige.
he has send two notice to her wife at her parents palce.and she dint reply to any of her notices. .what the next step he should take and under what ground.
evenafter taking seperate palce for staying ,her wife is not doing any thing,my frd has to wash his own cloths,clean up the room,even she is not cooking the food for him.
(Did'nt get message for delivery...hence resubmitted)
I was an NRI and had filed a divorce case filed at subcourt of Tamil Nadu in 2002(got married in 2000). The case came for hearings in 2003 and have given my verdict that the Girl is unfit physically and mentally and threatened to commit suicide if compelled for intercourse. The subjudge listened and gave me time until next vacation i.e, after 6 months to appear back in court. Unfortunately i was not able to appear, hence the case was dismissed.
In 2004 applied for resoring, but my own legal adivsor who was fond of money, ruined by not informing the case hearing date hence that too was dismissed.
Have paid IA for case applied by my wife for 6months in 2004.
Now have applied HMOP case in 2007,without mentioning about old case of 2002. Now the reason menitoned here is cruelty and seperation.My wife applied for interim maintenance(no child) and court ordered to pay Rs.5,000 per month from 2008 to till date & continue until HMOP completes. And to torture she had applied for Maitnance case in JM Court and filed a criminal case against me and my parents by making false allegation that i told her before marriage iam a Chartered Accountant to get money(Have requested many times to come for out of court settlement, never agreed-as her father is a diamond merchant, they are buying each and everyone from clerk to top people) . For attending CC have resigned my abroad job and sitting idle at home since 2008! As my father in law know, they can't remarry her daughter, hence trying to ruin my life!
After all above My wife claim that as per limitation act section 5, should not allow my HMOP petition which is filed in 2007 for concealment and delayed in applying(IX rule 8 of code of Civil Procedure) , How to succeed/take further my case? Is their any citation avaiable, please recommend. Appreciate your valuable advice.
After all these, my father in law had challenged that will not allow me to get divorce till I reach the age of 80!
Have experienced a lot in court for past 3years without job by attending all hearings where had come across:
-Boycott by advocates
-Summer Vaction
-opponent advocate need to come from another location,hence for there convenience time was given/ extended usually 1/2 months
-Did'nt allow POA when i was abroad and out of my 10 request to give on my convenient dates to come from abroad(where i spent lakhs for air ticket and lost major savings in it), got only two times to visit as such. The rest of dates, was compelled to take permission from my ex-employer.
-Whether a man is working or has the capacity to maintain himself not an important issue but when he has applied for divorce, must pay interim maintanance by all means!
Being born as a Man and especially in caste of HINDU is a sin. Iam already 35-don't know how long to wait for divorce, sometimes i feel should take some other step....
marriage registration
hi,
i got married 2yrs ago..but due to in laws problem..i and my husband is not happy with our marriage..i want to get seprate not divorce ..is it possible without marriage registration?? or if i live seprate with him..what type of case can be filed against me?
or will it consider as divorce?because i dont hv marriage certificate..or any id..of this delhi..i ask him for mutual understanding but he doesnt say anything but he says he cant live with me.they concealed that my mother in law had done sucidal attemp..or psychotic phase..father in law has OCD diorder..he is only child mamas boy..doesnt want to live seprate..with me..is it possible they think ..i should live them my own..
then no case can be filed??