Need guidance for divorce case
Mehta mithesh
(Querist) 24 May 2018
This query is : Resolved
One of my cousin\'s wife is in love with me.She proposed me & asked me to marry i told her it is not possible without divorce she said she will divorce her husband.
She is not happy with her married life & husband. Her marriage was not done with her consent, her parents were also not living at the time of marriage, she was against the marriage
Her age was 16 at the time of marriage her husband age was 36 and her age was 16 she does not like her husband physically and has no will to live with him.
Today her marriage has completed 10 years. Her marriage was done by providing false facts for eg salary, age & family background etc. of my cousin.
From the first day of the marriage they both were fighting she doesn’t like him and not his choice my cousin beat her for sex and and on fights
she belongs to Nagpur and now residing in Jamnagar Gujarat. She doesn’t have any child as his husband financial conditions is not ok and as well as my my cousin has some sexual problem
she is fed of her life she asked her husband for children as if child was there she can spend her life behind his growing but my cousin try to avoid this matter
today my cousin is suffering from some leg diseases due to that he is not able to walk properly. But my cousin\'s wife life is miserable she has no financial security, nor she is willing to live with her husband no family support from her family side nor she will be getting happiness of motherhood as my cousin is not ready for child planning
My cousin live his wife only. My cousin father was not happy with this marraige and he dont like this girl, he often scold this girl for not good cooking good food and always fight with her as he was not happy with the girl
he told many times that send back this girl where she come from. There was no senior lady in my cousin house to give emotionally help. From the next day of the marriage her language eating habits were changed against his will and wishes after marriage
My cousin wife ran away two times from this life but my cousin manage to bring him back by showing fear or emotional black mail. She tried to explain this problem her sister but my cousin made him fool.
All this situation has changed my cousin wife personality, she used to know as short temper & bad girl who used to fight with everyone. She miss her mother who is dead at his childhood, no none is here to help her
but now last time she visited her sister at nagpur she convinced her situation and for divorce.but my cousin is not ready to give her divorce .my cousin wife also told his husband that she want to marry me
but my cousin filed complain against me for (Enticing or taking away or detaining with criminal intent a married woman) as we used to chat and call for his situation also she remain with my family four days without his consent.
Please provide what to proceed and how ...
Vijay Raj Mahajan
(Expert) 24 May 2018
Leave this lady and move on in your life. If she's not happy in her life let her decide it with her husband, it's their problem not your.
Ms.Usha Kapoor
(Expert) 24 May 2018
Leave her to her fate and let her marry a person of her choice and a person she is in love with. and be happy. You also marry a a suitable girl. Apply for MCD.
Kumar Doab
(Expert) 24 May 2018
You have been advised above, wisely.
Your cousin may agree to withdraw the complaint against you.
If you are unable to handle on your own; approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/criminal matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest.. ASAP.
For such counsels; Check at LOCAL Civil Courts, HC,SC……..
Ms.Usha Kapoor
(Expert) 25 May 2018
I stick to the same opinion as above.
Guest
(Expert) 25 May 2018
What is the outcome or the present status of the police case against you by your cousin?
However, for your information, illicit relations always prove harmful in the lives of persons involved.
Mehta mithesh
(Querist) 25 May 2018
Present status is that according to my cousin police have said this is family matter the girl has said to police what ever is happen is according to her consent and wish no force no enticing have taken place, police have given two option to close complain (1) my family except that girl (2) i give under writing that now i have no relation or understating with that girl.
but the girl has said that what ever now happens she is not at will to marry me or to live with cousin she want divorce
Mehta mithesh
(Querist) 25 May 2018
thanks you all experts for your expert guidance
Guest
(Expert) 25 May 2018
Police have already suggested you how to proceed.
Now what exactly is your problem for which you want solution from the experts?
Mehta mithesh
(Querist) 25 May 2018
Thank you sir
Here whatever is police is suggesting is not directly to us. Police had never contact us our family regarding my cousin complain.
Whatever the option given by police are according to my cousin,ie my cousin is saying that police has suggested this.
In order to revoke complain police has given two option
1 My family except this girl
2 I forget the girl and give underwriting that nothing is now between that girl and me.
For implementing one option out of two my cousin sent a mediator along with the girl. The mediator threatened my family lot that your son has serious crime of Enticing / taking away or detaining with criminal intent a married woman .mediator said that it is due to him complain is not converted into FIR police can come any time and arrest my whole family police is very cruel of that area and nothing will hear from us etc. He also said that even if he kill this girl then all offence will be on us.
This all drama was performed at my house. The reason behind it was may be that we let go the first option and he also demanded for 5 lac for the first option to if my family except the girl.
By 5 lac demand we have let go the first option.
Can Enticing / taking away or detaining with criminal intent a married woman can framed on me
If we had telephonic conversation and chats and she was at our house for 4 days without my cousin consent. Here she was at our house at his own will and wish. she love my mother as her mother is no more in this world , in her family also no senior lady is there so she has some bonding with her.
If she file mutual consent divorce / contested divorce petition in court can my cousin file FIR on me for Enticing / taking away or detaining with criminal intent a married woman.
After filing petition she want to move away from him, can she reside in my city for starting his new life. Starting new job, doing carrier oriented course for her development. Not living with me but at some other location.
After petition can law restrict us to meet, making any phone conversation?
Here legally the war is on two front (1) My with my cousin for complain (2) Girl with my cousin for divorce
Once again thank you experts for your valuable advice on my situation
Guest
(Expert) 25 May 2018
Better rely on your own lawyer. If not trustworthy, change him.
Ms.Usha Kapoor
(Expert) 03 July 2018
I agree with My view and Vijay Raj Mahajan's view.
Ms.Usha Kapoor
(Expert) 03 July 2018
I agree with Vijay Raj Mahajan's and My view.
Ms.Usha Kapoor
(Expert) 03 July 2018
I agree with Vijay Raj Mahajan's and My view.
Ms.Usha Kapoor
(Expert) 06 July 2018
I agree with VijayRaj Mahajan and Dhingra.
