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welcome123   01 June 2016

Dowry and mental harresment

IN MY WIFE FAMILY ONE ELDER MARRIED SISTER AND MOTHER IN LAW 
I M THE SECOND HUSBAND OF MY WIFE .I AM MARRY WITH HER ONLY THE BASIS OF AFFIDAVIT. NOT FOLLOWING HINDI MARRIAGE RITUALS NO ARYA SAMAJ NO PANDIT.

BECAUSE MY BRAHMIN SAYS IN SECOND MARRIAGE THE RITUALS ARE WRONGS SO I MAKE ME N MY WIFE AFFIDAVITS AND ARRANGE AN LOCAL 

FUNCTION.ALL IS GOING WELL. AFTER 1 MONTH MY WIFE GO MOTHER IN LAWS HOME.AFTER THAT DAY SHE NEVER BACK TO MY HOME.SHE WANTS 

 ME TO LEAVE MY MOTHER N FATHER N STAY WITH MY MOTER IN LAW HOUSE. I REFUSE I DONT LEAVE MY MOTHER N FATHER . AFTER SOME 

TIME SHE SUBMIT AN FALSE REPORT IN WOMAN FORUM. SHE BLAMED ME FOR DOWRY N DRING WINE N ALSO BITTEN  SHE REPORTED. SHE ALSO 

BLAMED I M DOING AN UNAUTHORIZED MARRIED WITH HER. WHAT IS THE RELIFE FOR ME IN INDIAN LAW AND HOW MUCH DHAARA MY WIFE 

CHARED ON ME. ANDWHAT REMEDIES FOR ME. I M THANKFUL OF ALL OF U GIVE ME PROPER ADVICE .



Learning

 11 Replies

Pawan S (Advocate)     01 June 2016

Marriage is the pious bondage in Hindu law. If you had married traditionally, then there is no need of registration. File your matter with affidavits mentioning the events showing yourselves a married couple. The court will rely upon your marriage invitation card, wedding photographs, witnesses & so on.

 

In this type of cases, wife generally files

 

  • 498A        (husband or relative of the husband, subjects wife to cruelty)
  • DV act      (Domestic Violence)
  • 125A        (maintenance to wife)
  • 406 IPC    (Misappropriation of Stridhan by the husband's side is an offence punishable by the provision of law described in IPC Section 406 ("punishment for criminal breach of trust")).

 

 

Will provide further views once situation comes.

 

 

 

 

 

Sudhir Kumar, Advocate (Advocate)     01 June 2016

I do not agree with views of Brahmin.  Arya Samaj Marriage is binding.

 

You are not cleat what type of affidavit she gave.  If the affidavit makes you to believe that she was not having a spouce then it is oK,  Or else you are guilty of cohabitation with a lady making her to falsely believe to have been lawfully married to you. This lands you in rape charges. So be clear fo the language of the affidavit.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Second marriage by way of an affidavit/clarify? In a brahmin marriage the rituals don't change whether it is first marriage or a second marriage,but only the legality is to be ascertained.U are not clear in UR expression.

KS Johal   01 June 2016

The language that you have used is unclear and produces uncertainty. Firstly you confess that your wife was married before. Has she gone through a divorce procedure? Getting married screw an affidavit does not necessarily mean that you are married unless you have gone through a court procedure. The representatives of the court have to be authorised legally to solemnise marriages otherwise there is no marriage, and if the first marriage has not been formally formalised you (and your partner) could be charged with an offense. Please provide details of the affidavit.

KS Johal   01 June 2016

The language that you have used is unclear and produces uncertainty. Firstly you confess that your wife was married before. Has she gone through a divorce procedure? Getting married screw an affidavit does not necessarily mean that you are married unless you have gone through a court procedure. The representatives of the court have to be authorised legally to solemnise marriages otherwise there is no marriage, and if the first marriage has not been formally formalised you (and your partner) could be charged with an offense. Please provide details of the affidavit.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

Originally posted by : SAINATH DEVALLA
Second marriage by way of an affidavit/clarify? In a brahmin marriage the rituals don't change whether it is first marriage or a second marriage,but only the legality is to be ascertained.U are not clear in UR expression.

Rituals are different in Arya Samaj Marriage but binding on all Hindus.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

please bring clear facts.

welcome123   01 June 2016

sorry my english is poor. so sorry for incovenince .

abt affdavits i m hire an advocate for this purpose he make three afdavits one is from my side and second one is for wife n third one is a joint affedavit all matters are same.point are given below

name, address,father details age proofs.n matter are we are knowing each others n wants get married.all formalititis attach with afidavits then advocate arrenge a noterior he verifies all documents and notify the stamp papers.my advocate told me after this u get certifiicates with arya samaj . afterthat my perents ready for an wedding event. only a stage program arrenged and  a dinner party organised all reletives n neighbour are invited they are invited verbally.after that my advocate advise me if programm is arrennenged collect the picture n go munsipolity n make regiistration.

all is going wel but unfotunattly my wife nature changed she never wants to live with my parrents.n she went to his home. i m make all trys to my wife back to home.

for my trying n bagging for my wife my mother in laws rewarded me to drinking wine and abusing. then my parrents not allowing to go their. second chance my parents try to make agree my wife but she refuse.after sometime later my wife communicate with me to if u wants me left ur family and stay with him or my mother in law. i m decliend for that.n after some time she wrote a letter to women cell . my huband is cheted with me n make a fake marry with me.dowry charges within one month all heppining. during all this i cant apply munsiple corporation for marrige registration..

 

welcome123   01 June 2016

so i m in very big trouble.


(Guest)
  1. You are not in any trouble. Women cell is usual route to get any divorce in India. 
  2. No arrests happen in such cases nowadays. Process takes long time and nobody gets hurt.
  3. Once criminal complaint is made by woman, marriage is over. Bringing her back and living with her opens you up to big legal risk. Best option is to not try for that route anymore.
  4. Contact lawyer show him the complaint in women cell. Proceed according to his advise. 

Sudhir Kumar, Advocate (Advocate)     02 June 2016

you have not been able to convey as to whwst are contents of the affidavit.

 

take help of some english knowing person.


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