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Sanjay mir   10 January 2020

Divorce

Hi,

I belong to the Hindu bharwad caste where child marriage was a normal thing until few years ago. I(Sanjay) and my sister's marriage was fixed when we were kids to the same family. My sister went to her in laws house when she became 18 years old as per tradition. I married to the sister of my brother in law(jija ji) when i was 10 years old, even though i was just a kid but i stil remember refusing it. but i was too small to do anything. everything was going smooth until 2014 where despite my objection and wish to study further they forcefully(emotional force) sent mywife to our home as per ritual for 10 days. I was told that if i reject this proposal they will send my sister back home and keep her kids or in worst case they will kill her or her kids( yes, thats what i was told and that fear was always with me ) so i had not other option but accept it. There was no emotional connection between girl and me though my sister already had 2 kids by the time my wife came to our home. After good explaining from my family members i thought i should give a try to this relationship, also as we were financially weak i never had much choices. in 2015 i planned to do masters in sweden and both the familes agreed as i was adamant to study further. but my in laws never liked it as they wanted their daughter in india and as close to hem as possible. though we were technically married but we were not leaving together as i was in sweden and she was at her fathers house. when i came to sweden they started mentally harassing my sister as they thought if they do that i will be forced to come back but as any sister would do my sister never told us anything but in 2018 we eventually came to know about it, and they told us if their daughter is not happy then my sister will have to face the consequences. after that my sister complained to my parents as it was beyond her tolerance, they were mentally harassing her and her kids. so, both the family gathered and decided that i will have to take her with me(by 2018 i started working so i could afford expenses) so, we legally got married in 2019 even though it was against my will and even my families wanted to break the marriage but they were worried about my sisters life and her kids future as they told that if we break marriage they will take my sisters kid out of school and send my sister to our home , they wont allow my sister to see her kids. but as there was no emotional connect between meand my wife, i could not take anymore and i firmly told my family that i can not keep this marriage anymore. i even told the girl that I wont be able to keep her happy and i told her about my feelings. I tried to explain everyone as politely as i could. my family thought its better to break marriage than losing me as they thought i might do something stupid. so, in november 2019 again my family invited her family and told them that they can not keep my marriage and they can marry their daughter to someone else so that she can live happily somewhere else. even though our marriage was fixed wheni was 2 years old we hardly lived together 3-4 month in our entire life until now. while my sister has been living in her in laws house since 2003. after our decision to break my marriage they took every thing from my sister (her jwellery) and sent her home, her kids are stil at her in laws house , they are 11 and 13 years old respectively. my sister is not allowed to see her kids and her kids are being mentally harassed and being brainwashed. we are worried about their education and safety. they have never been away from my sister for more than 10 days. I am urging you to until we file for divorce of my sister please keep kids safe and make sure they are getting genuine education and are not being brainswashed. there are few financial aspect as well but we are not worried about it now. until we file the case for divorce please save us from mental torture. constant abuse and threats to small kids. 

Now, the financial aspect of the case. As i mentioned my in laws are rich family. So, when i got admission in the swedish university, we asked them for the help and as a good relative they gave us jewellery for gold loan, we took loan from that gold from the private lender at interest of 2.5% per month.After that in November 2016 when demonitization happened they had around 50lacs of black money, they wanted to give us. But we said that becuase we have debt of around 20lacs from private lenders we can take that from you and pay them. As they were worried about money and we also had no other option to pay back to high interest debts so we took money. Once I got job we paid everything back to them. After that they asked for help from us to buy house, though they had money but because they helped us in the past I helped them and gave 2lc rupees, in which 1 lac I gave there and 1 lac we negotiated in the partenership we had in the milk dailry. They asked that money through my sister as they told us they are buying house so they could live in big city for kids education. They were supposed to return the money in 2-3 months but they never returned. Now when we asked them they told us, they are going to take interest of the black money they gave us during demonitization(note bandhi). I am not really into money but just becuase they took everything from my sister, her home in baroda, her kids.  For the transaction I have all the details and WhatsApp chat history in which they gave me their account details though in the end they preferred the cash. How should I proceed with my case?



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 1 Replies

Rupin Dhama   11 January 2020

You should ask you query as short as possible.
Yes you can claim your money. But you should discuss the same on call it will help the lawyer tp understand the facts.


For more information contact us on 9999121211 or email us on info.lawjunction@gmail.com.

Rupin Singh Dhama
Law Junction

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