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HARRASHMENT BY BROTHER IN LAW, FATHER IN LAW AND WIFE

Querist : Anonymous (Querist) 05 July 2011 This query is : Resolved 
Dear All,

I am very nervous in life because of my family. i am from UP and i married in the yrs. 2005 in the village according to hindu culture. During the marriage my age was 19 Yrs and my wife's age is 23 Yrs. During the marriage many of the facts things is not disclosed by my father in law and his brother. they cheat with us even though when our family was not ready to marriage then they have started to blaming and forced to my parents for such marriage. after the marriage we are living seprate from each other since 7 yrs. because our "Gavna" is not happened. that was not done.

In between these yrs. when i said to my father in law to send my wife to our house then they refused with some personal reason this they do twice. due to this it takes 7 yrs.
now i m studying and working in a IT company. few yrs back i come to know that my wife have affair with a muslim guy and i found her many times with that person. when i complained about this to her family and her father then they are started blaming to me . that i m not a good guy. they are started to complaining to my parents about me that i m alcoholic, and smoker. which is not true.

then , when my parents said to send my wife to my house then the my wife she refused to live with me and his brother is supporting to her.

when i said that i want to speak with her then they are not going meet me and speak to the my wife. and my wife she is not interested to live with me. but now they are saying to take divorce but they are not coming ahead since 1 yrs. Now i dont have any legal document of marriage proof like wedding card, photo etc.
so i said to their family to go back UP to take divorce because our marriage is done in village.

but they are not agree to go back and now they are threatening to me, and when i am trying to talking then they are abusing me and my family.
but they are not coming ahead to give me divorce even i fear to know that they can file against me in police station for dowery and etc.
my brother in law and my wife are well educated and due to this they are not ready to listen any family person even they are saying that we are not going to file for divorce and we are not support to give any proof of marriage so that i can proceed ahead.

now in the my family my mother she is very old aged and no one is there to take care of her. Even i want to go for 2nd marriage.
but i m not getting divorce and any final decision from my wife.
some times i feel that my brother in law is forcing to my wife to give divorce but she is not coming ahead and due to this it take a long time and this creates tension in my parents mind . they are very much in tension. They dont want to go in the court and file for divorce even they are ready to
keep my wife.

Now i want a guide on such matters from your side:

1) I want to file for cheating against my wife , brother in law and father in law for cheating with me in marriage and doing such kind of marriage. age matters.

can i file ? if yes..how ...pls. suggest.


2) can i file against my wife and brother in law for harassment that not to take divorce and threating to us.


3) how i can file for divorce and get back my jewelery etc. because in the marriage we have given around 80000 rs. jwellery and now they are not returning it . Which cast now upto 2 lakhs rupees.


Pls. suggest how i can file my complaint and how i can take help of local police at first stage.


pls. help me i m in very tension i like to struggle in life for my future and not for such kind of future like my wife.





Shashikant V. Patil (Expert) 06 July 2011
From your story , it seems that, they (girl side) want divorce, but they are not coming forward. You also want to be separated from her. You contact any good Lawyer and file a divorce petition. All above facts to be covered in the petition. The Lawyer will do the needful.
Arun Kumar Bhagat (Expert) 09 July 2011
It is always advisable to settle the matter amicably. If you initiate any legal action against your wife and her relatives then surely they will back fire and in that event it would be more drastic on your part. You file a petition u/s 9 of the Hindu Marriage Act for restitution of conjugal right. If she does not turn up even after the decree then that would be a good ground for divorce for you. Don't think of filing criminal cases at this stage as it would amount to putting oil to fire.


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