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girl123 (none)     30 August 2014

Arranged marriage in trouble.

Respected lawyers, I was married per Hindu Marriage Act in November 2013. It is an arranged marriage done by our parents. But living together we found out that we are no compatible with each other. Our personalities are very different,we are fighting too much. I cannot bear this anymore.

I wish to end this marriage. I am working and earning decent salary. But my parents are totally against my wish. My father said he will not allow me back at home, as he had done his duty of marrying me off. My brother too is threatening that the house will be his and everything I have right is given to me at the time of marriage, so I cannot enter the house if I divorce.

I asked my father, why we don't have any compatibility. While arranging marriage the primary custom is to match the boy/girls kundali. Without any match astrologer will not suggest proper marriage. Finally my father said he doesn't beleive in horoscope matching and so was my father in law. So they knew our horoscopes are not good match, but they didnt give importance.

I had trusted my parents to arrange my marriage. but they didn't care about horoscope match and now I am living in hell. Why should I continue this marriage which was actually against Hindu Custom.

My questions are
Can I file case against my father for cheating me in arranging the marriage without proper horoscope match, and also with holding that information from me.And also get residential rights in my parents house.

Can I file the same against my in-laws ?

What can be done in cases when parents don't do their duties properly and destroy their child's lives.

Thank you from the bottom of my heart.


Learning

 15 Replies

Hardeep (Business)     30 August 2014

While you have my sympathies, there are many, many marriages which fail even with a good horoscope match ! No case lies against anyone for not doing this. As an adult you are responsible for your actions or inactions. This includes making efforts towards making your marriage work or towards ending it.

As for asserting your rights in ancestral property that is a different matter. If you give some details of property your parents  inherited and / or made via their efforts some here could be able to give some advise.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 August 2014

Madam,

 

Very strange issues are being raised. 

 

Can I file case against my father for cheating me in arranging the marriage without proper horoscope match, and also with holding that information from me.And also get residential rights in my parents house.

  • Law does not recognise Kundali or Horoscopes etc. But Law respects the rituals of Hindu marriage and hence when a marriage is performed as per Hindu rituals, it is a valid marriage. Since Kundali/Horoscope are not recognised in law, you cannot proceed against your Father for cheating on the grounds that he did not see the compatability as per such Kundali/Horoscope.
  •  
  • "With-holding information from me", what information was with held from you? No details are available.  Can you attribute the information with held from you (other than Kundali matching) which can be the main reason for your incompatability with your husband.
  •  
  • Getting residential rights in your parent's house. Whether the house is self acquired or ancestral, the information is not available.


Can I file the same against my in-laws ?

When the issue is related to mutual incompatability between wife and husband, on what ground a case can be filed against the in-laws. Again the same issue of not matching Kundali? No if that is the only reason, it is not a valid ground.


What can be done in cases when parents don't do their duties properly and destroy their child's lives.

You seem to be presuming that Matching Kundali/Horoscope is part of  the  proper duty of parent before performing marriage. Kindly note that since these matters ie. matching Kundali/Horoscope  are not recognised in law, the same shall not be sufficient ground for tort against parents.  Whether the marriage was performed against your consent, what was your age at the time of marriage. If you were of marriagiable age, if you did not agree for the marriage, whether it was expressed?   Further, marriage was performed in 2003 and after 11 years, the issue of incompatability is brought out and such incompatability should be strongly proved.

NUT (Programmer)     30 August 2014

Strange !!!. You can get divorce and lead a separate life if you feel your born to so something different !!!!.

K.K.Ganguly (Advocate)     30 August 2014

1. This is the strangest query I am answering,

 

2.  Where from you got the information that  " While arranging marriage the primary custom is to match the boy/girls kundali"?

 

3. There are lakhs of couple whose Kundalies matched perfectly but are in matrimonial hell. Similarly there are lakhs whos Kundalies did not match or did not care for Kundali matching but are pulling on happily in matrimonial lives,

 

4. What are needed to be matched are  attitude, adjusting abilities, adaptibility, patient, tolerance etc.,

 

5. You are an adult and have been married off. Your father is not duty bound to maintain you. Rather you are legally bound to maintain him, if required,

 

6. Either try to adjust with your husband and if that is not possible, get a job and get out of his house & stay in a seperate rented house & move on in your life without blaming anybody for your life's miseries.

SURESH KALAGA (secretary)     30 August 2014

Oh! How may women are thinking. She is ready to file a case against her parents!!! Where society is going with this immature people? This absolutely not good madam.  Thinks once again and take right decision for your problem. Have a peaceful life. God bless you. 

SURESH KALAGA (secretary)     30 August 2014

Oh! How women are thinking?. She is ready to file a case against her parents!!! Where society is going with this immature people? This is absolutely not good madam.  Think once again and take right decision for your problem. Have a peaceful life. God bless you. 

Manpreet (Manager)     30 August 2014

@Girl 123

Yes, you should file a case on your father if he presureised /imotionaly blackmailed you for marriage.

Parallaly talk to your husband for mutual divorce (MCD),once you complete one year you can file MCD .

@Suresh Kalaga

Its very surprising that, in this forum other post u advised a girl to file false case and here girl want to file a genuine case on father then you advising not file casse. Your thought process is realy different.

        Its truth that in our society forced marriages by girs parent are one of the biggest reason of false cases on husbands.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 August 2014

@Gangulyjee,

 

Your advice is very very apt as a responsible member of the Society, not necessarily as a Lawyer. Good advice.

Tapanr (MD)     30 August 2014

Girl123,

1. You do not seem to be having any problem with your in-laws.

2. when 2 people suddenly start living together, it feels AWKWARD. every newly wed fights. it is because, untill yesterday, they were alone in the room. Now there is a person going to stay there for life.
 it only a problem of adjusting with each other.


3. I used to get blown off when my wife (in a hurry to go to office) would use my tooth brush.

4. talk to your husband. Understand his point of view and in exchange, make sure that he understands your point of view too.

5. Forget suing your parents. You are mature n educated enough to make sure that this marriage works.....give a try dear....people get married for a reason.

Life after marriage in Hindu society is very wierd.

give a try before things go difficult further..

Tapanr (MD)     30 August 2014

Girl123....

Finally.....you AGREED AND CONSENTED to marry the man. You must have surely talked your heart out to your best satisfaction before consenting. No one put a gun on your head to marry the person.

I am a victim of my mother-in-law. She is using my wife to arm twist, filed a divorce case only because she continuously interfered in our lives and blasted her out....

Give a try....things will work out.

Shantanu Wavhal (Worker)     30 August 2014

Respected lawyers, I was married per Hindu Marriage Act in November 2013. It is an arranged marriage done by our parents. But living together we found out that we are no compatible with each other. Our personalities are very different,we are fighting too much. I cannot bear this anymore. 

 

so ur personalities are NOT different.



I wish to end this marriage. I am working and earning decent salary. But my parents are totally against my wish. My father said he will not allow me back at home, as he had done his duty of marrying me off. My brother too is threatening that the house will be his and everything I have right is given to me at the time of marriage, so I cannot enter the house if I divorce. 

 

I wish every Indian Girl get such parents and brothers ... a lot of marriages will be saved



I asked my father, why we don't have any compatibility. While arranging marriage the primary custom is to match the boy/girls kundali. Without any match astrologer will not suggest proper marriage. Finally my father said he doesn't beleive in horoscope matching and so was my father in law. So they knew our horoscopes are not good match, but they didnt give importance. 

I had trusted my parents to arrange my marriage. but they didn't care about horoscope match and now I am living in hell. Why should I continue this marriage which was actually against Hindu Custom. 

 

u can file so many cases on so many ppl. - u r an EMPOWERED citizen of India.



My questions are 
Can I file case against my father for cheating me in arranging the marriage without proper horoscope match, and also with holding that information from me.And also get residential rights in my parents house.

Can I file the same against my in-laws ?

What can be done in cases when parents don't do their duties properly and destroy their child's lives. 

Thank you from the bottom of my heart.

 

are u really educated ? 

I guess, u r from Marathwada University.

Biswanath Roy (Advocate)     01 September 2014

From the given facts what I understood that you consumated your married life for long 10 months and satisfied with the same  without any compatibility and blaming your parents for not examining the Horoscope / Kundali before the marriage. Is it not fallacious?There is something wrong within you. Better you go for mutual divorce after agreeing with your husband.

karthik (divorce applicant)     02 September 2014

go for mutual divorce and live separately as you are earning decent salary and why you want to punish your parents for performing their duties, it is your problem unable to cope with your husband so not your parents problem,, until certain age you need parental care after your marriage and having a good job there is no need to depend on your parents, if you so different and concerned about individuality go for mutual divorce and live independently.

Anjuru Chandra Sekhar (Advocate )     02 September 2014

If the property that your parents and brother are holding is ancestral property you can file a partition suit.  If you want a divorce you should file for a divorce petition in civil or family court you should not file cheating case against your father.  You can try your luck by filing divorce petition under 12(1)(c) of Hindu marriage Act, 1955.  If you get good lawyer you may get divorce. Do not criminalize your relationship with parents.  Do not take lawyers advice on any aspect relating to filing criminal cases.  Confine yourself to civil litigation if you feel there is absolute need.  Divorce under the said Section must be filed before completion of one year from date of marriage.


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