family court matter
sowmya
(Querist) 28 January 2010
This query is : Resolved
Pls guide me on the below scenario
A case is pending in the family court filed by the husband against his wife who is 6 months pregnant and the marriage is only 7.5 months old .
The Girl does not wish to give divorce but was forcefully seperated and sent out of her matrimonial home by her inlaws.
Meanwhile after the 1st counselling, she receives an anonymous mail from a sender (who did not reveal his/her identity) telling her to beg and plead with her inlaws so that the anonymous well wisher would unite her with her husband
As of now the girl is waiting for the 2nd counselling in February 2010 but she has so far not filed a counter to the petetion which contains false allegation by the petetioner who was again forced to do so by his parents
With regard to the MAIL received what remedies does the girl have
The mail contains defamatory statements about her, her parents and siblings and threatens her that the case in the court is weak on her side so she has to beg the inlaws
If the origin of the mail is found to be from her inlaws home, does she have the chance to prove it through the cyber crime cell before the Prinicipal Judge of the family court and take it as a situation to her advantage to unite with her husband, being she has lived only for 118 days with her husband, and that she is pregnant and her wedding is only 7.5 months now and she is already 6 months pregnant and she was forced and harrassed to face this situation
Please advise
Thanks
R.R. KRISHNAA
(Expert) 28 January 2010
Ignore the email. If the email is triggered with, it will add more complications in the course of settlement process. So concentrate on the case and the counselling sessions. Take the assistance of the elders of the family of both the sides and settle the matter amicably.
sowmya
(Querist) 28 January 2010
Sir
Thanks for the opinion
However the couples did not have any problem, the problem is due to the inlaws as the inlaws had actually sent the girl out of the home and the father in law had consulted someone priorly and given a police complaint on the girl soon after she was sent out and meantime when the pregnant girl was made to come to the police station on 2 days once even during the night after 6 pm till 11.30pm for an enquiry.
Now soon afterwards within 6 days of lodging the complaint they have filed u/s 14(1) in the family court a notice seeking permission for dissolution.
The boys parents and relatives are not allowing the girl and the boy meet or speak and given this scenario the boy was forced in the beggining to permit his father to go to the police station with a false allegation against his wife, later on he obliged to the wish of his parents that he had signed the petetion against the wife.
The boy and the girl have lived only for 118 days together
The girl is 6 months pregnant and they were married in june 2009
Since the mail is in favor of the girl to reunite with the boy and that the girls side is sure that the mail has definetly originated from the boys side, on this basis can the case be dismissed from the Family Court if proven?
And can sufficient orders be passed to the girl and boy to live seperately?
I am the affected party (the girl) so i am definetly sure that my husband was forced into all of these.
R.R. KRISHNAA
(Expert) 28 January 2010
It is not a question of the email is in your favour or not. It is your burden to prove that the email originated from your husband's side. It is difficult to prove. Only with the help of the cyber department you can prove so. Any how, best of luck for your success in the case.
sowmya
(Querist) 29 January 2010
Sir
Thanks again
In chennai, who is the competent authority to whom queries of cyber crime need to be addressed?
Guest
(Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com
