Mercy12345 (House wife) 29 April 2009

Advice for an innocent girl cheated by her husband

Brief story I am a Hindu girl from an orthodox family. I got married to a guy this year. It was a family arranged marriage. Marriage not registered yet. Within 10 days my husband deserted me and left me at my parents home. Later demanded dowry for reunion. In the mean time we came to know that he is having immoral relationship with another woman who is having her own family. It is very clear to us that he married me for money and he already has connection with a lady, which he is not ready to give up. We never had union and I can prove my virginity by taking a test. What we want Having known about his character, I decided to get divorce from him and seek another life. We want him to be punished for spoiling my life. Doubts 1) Can our marriage be nullified or annulated on the following grounds a) Marriage is not registered legally. (Marriage held in a temple) b) Non-consummation of marriage. c) Marriage is short lived (Less than one month) and both parties ready for separation. 2) To punish him, can I compliant him under 498a for a) Dowry harassment. b) Adultery. c) Desertion within a month after marriage (Marriage held during March 09) d) Denial of conjugal rights 3) What is the least possible time to get divorce in my case and what are the ways to do that ? 4) Can my parents search another partner for me without waiting for divorce by making some mutual agreement / contract etc. with my husband. Please treat me as your sister and guide me the step-by-step procedure as my parents are too old to think and act dynamically.

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14 Replies

Swami Sadashiva Brahmendra Sar (Nil) 29 April 2009

Dear neena ! many of your options are self contradictory.

1. I think it is advisable for you to give up the idea of penalizing him .

2. mrriage in a temple is not valid unless followed by saptapadi ect. so you may seek declaration to this efect from the court.

contd...

Swami Sadashiva Brahmendra Sar (Nil) 29 April 2009

legally you can iniciate criminal prosicution but practically those will make your problems more complecated.

Swami Sadashiva Brahmendra Sar (Nil) 29 April 2009

If your option no.4 is possible it would be best way to file a consent petition. to solve your problem his consent is more important than giving punishment to him.if you think that under pressur of criminal prosecution his consent would be obtained easily, then you may opt that course of action.

debasish (Business) 03 May 2009

NEENA,

I have gone through your case. Can you tell me why people like us suffer in this world? you might have gone through my post. Like you I am also very much frustrated and want the advice of experts of this forum.

INGLE G.[ADVOCATE]9421657505 (lawyer) 10 May 2009

APEX COURT ON HIS LANDMARKJUDGEMENT CLEARS THAT IF SOMEBODY IF U LIVES AS A WIFE FOR 1 DAYS U HAVE ALL RIGHTS OPEN. HOW WAS UR RELATION[MARTIAL] WITH UR PARTNEAR THAT IS IMPORTANT.

vijay kumar (practise) 13 May 2009

i agree with all views

(Guest)

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691.09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING YOUR MARRIAGE AND DIVORCE AND OTHER MATTERS KINDLY NOTE THAT.

1.YOU MAY GET DIVORCE AND GET PERMANENT ALIMONY MEANS ONE TIME LUMPSUM AMOUNT.

2.YOU MAY FILE A SEPERATE CASE UNDER THE PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. IN THE SAID APPLICATION YOU MAY SEEK MAINTAINENCE AND SHARE IN MATRIMONIAL HOME AND A PROTECTION ORDER FROM PROTECTION OFFICER FOR PROTECTION IN CASE YOUR HUSBAND AND HIS FAMILY MEMBERS ARE HARASSING AND THREATENING YOU AT YOUR PLACE OF WORK OR RESIDENCE.YOU MAY ALSO FILE COMPLAINT UNDER PROVISIONS OF SEC.498A OF INDIAN PENAL CODE FOR HARASSMENT FOR DOWRY.

KINDLY NOTE THAT YOU NEED TO GET COMPENSATION AND ALSO CAN SEEK PUNISHMENT TO YOUR HUSBAND .

IN CASE YOU NEED ANY FURTHER HELP ,KINDLY SEND DETAILS

WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT,M.COM.LL.B.(MUMBAI)..ADVOCATE

V.S.R.Deekshitulu (B.Sc, B.L) 16 May 2009

Sister Neena

I pity your position. Basically you cannot file a petition for divorce within in ONE year of marriage(vide. Sec. 14 of Hinud Marriage Act). Nextly dimply because the marriage is not registered it can not be siad that the same is not valid. The marriage even ifperformed in a Temple can noever be said as invalid. The rituals must be done.

You say that your husband is harassing you for money etc. Then there is a provision under IPC 498-A and also an enactment Protection of Women from Domestic violance. The later is a comprehensive ACt, which gives you all reliefs.

Alternatively you have to have a mediation to your husband through elders and try for a settlement . If he is not agreeable then start up actions as stated in para 2 above.

Do not worry the god will be to your rescue and I wish the same

Mercy12345 (House wife) 19 May 2009

Dear sirs Thanks to all ( Dr. V.N. Tripathi, Mr.Prabhakar,Mr.INGLE,Mr.vijay kumar,NANDKUMAR and Mr.V.S.R.Deeksh*tulu) for your kind advices. Now 2 months have passed since my husband deserted me at my parents home. He is living with that lady with whom he has got illicit link. a) Can I get divorce before 1 year (under exception petition)thru mutual consent (If he is willing) b) Parallely Can I ask maintenance (onetime) under DV act at family court. c) To punish him thru Police on the grounds of cruelty, I don't have any proof.(Two months of seperate living) d) Also I can't prove his adultery. f) For Dowry demand I got some audio recording of his mom and some witness. Pl. guide for further action.

B.N.Rajamohamed (advocate / commissioner of oaths) 21 May 2009

It is advisible to file a criminal complaint for offences under sections 498A I.P.C r/w 497 I.P.C. for committing adultry.

But you cannot apply for divorce as your marriage has not completed 1 year.

vijay kumar (practise) 28 June 2009

hi neene hw r u

i have read yor msg today and just replying

u can file a complaint in the court u/s 12 domestic voilence act.and lodge F.I.R u/s 498a i.p.c but u cant file a pettition for divorce in court before completion of one year period . but u can file a suit for declaration for Null & void marriege

B.N.Rajamohamed (advocate / commissioner of oaths) 28 June 2009

You can file a petition for divorce only after the completion of one year from the date of marriage. But now you can file a criminal case under sections 498A and 497 of I.P.C inorder to punish your immoral husband.