BJM_BJM_BJM (Service ) 20 November 2010

Harassment --- Mockery of Law

Learned Members ,

I need advice from the forum members pertaining to my case on urgent base.

# My husband took ex-parte divorce by playing fraud on me from the Vishakapatnam court . He only told the fact of divorce after the limitation period was over. The divorce proceeding was duly concealed from the Dehradun family court where my Maintainence and Restitution Of Conjugal Rights was going on .He even lied in all the case .

# He used this decree to remove my name from his service records(He is officer in Indain army ). I suffered harassment from all fronts and particularly in Army who maked mockery of me stating that I am no longer his wife and they even refused to talk to me . Important to note that even in army records there was a problem . My marrige records in army showed that I was married under Special marrige act on 27th sept 2006 at Dehradun. The divorce decree which ws accepted by army was of Hindu marrige Act and of marrige dated 29th nov 2006 .(This had nothing to do with my marrige ). But army accepted it .

# After this my husband conspired against me by planning a marrige with some other women .A lady Capt in Indain army . I went to the court and got injunction restarining him form marrige .For this he went to high court several times but was defeated.Meanwhile in my restoration petition he played delay tactics and finally with the intervention of High court Andrapradesh the case was reopened.

#Now when the case is reopened his crimes are also geting expposed because he cheated everyone including judiciary .HE ASKED THE COURT TO GIVE PERMISSION TO TAKE BACK THE DIVORCE SUIT BACK. The court has admitted his petition.

#Now I had suffered since last 2 years running from Dehradun to Andrapradesh several times to get the case reopened .He made mockery of Law and now he want to close the case .Only to file it fresh in Dehradun .

Can any law stop him from playing all this fraud .

Pls guide

Regards

Bharti

Reply Follow

9 Replies

(Guest)

Can you be a bit clear, in points, that what you want to stop now?

Past is past, what specific you want at this moment will help members give you right advise.

(Guest)

Ms. Bharti,

I am an ex-service Navy gentleman and would like to advise you that you can fight him out from Dehradun itself. Any case filed by him or yourself at other courts can also be transferred to your convenient court. You can nicely fix him for providing wrong information to Army, provided you have not signed the document submitted by him to the Army. Army Act has more stringent punishment than the civil Acts. More over you are eligible for many other rights as a wife, if you are not working woman. You can search my full name on google and contact me by email. I am based in New Delhi and here you find many NGOs helping women in marital discords. Then there is Ms. Kiran Bedi and retd. Judges to advise.

Since your complete case is not before me, I can not give you specific advice.

Raminder Singh Sahota

1 Like

Srinivas Jerripothula (Advocate) 20 November 2010

Ms. Bharti, i agree with Raminder Singh. Dont worry u will be justified.

Avnish Kaur (Consultant) 20 November 2010

u can file perjury on him

1 Like

BJM_BJM_BJM (Service ) 24 November 2010

Learned Members

Thanks a lot for replies .

The latest update is that husband has filed plea to withdraw the case for filing it fresh at Ludhiana--where we last resided together as husband and wife . My contention is that his illegal activities made me suffer like anything and honestly I an now under finanacial and emotional crunch .The chief relief I seek is :

# Restoration of my status as wife in army records --Which they have not yer done even after setting aside of divorce decree by court .

# No permission should be given to my husband to file fresh the divorce suit as his intensions are only evil .

# Recovery of all my costs

# If I file perjury ...can I fiel it in dehradun .

Pls guide

Bharti

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 26 November 2010

Marriage: The other side of the coin

By : ROHAN on 14 December 2008 Print this

Report Abuse / Feedback

As per the suicide statistics by National Crime Records Bureau for the years 2005 and 2006, close to 52,000 and 56,000 married men committed suicide respectively. Marriage is indeed a step toward family foundation, but can it substitute life itself?.

MARITAL PROBLEMS have started contributing to modern day stress in a big way. Day in and day out we hear cases of people succumbing to marital problems with the growing numbers of suicides among married people, especially males. As per suicide statistics provided by the National Crime Records Bureau for the years 2005 and 2006, close to 52,000 and 56,000 married men committed suicide, respectively. And the same years noted a splurge in the number of dowry harassment cases filed as reflected in the number of such cases filed – 58319 and 63128. Coupled with that, if a study conducted by Center for Social Research on the conviction rate of such cases is anything to go by, shockingly, there is only two per cent conviction in such cases. This means 98 per cent of such cases are false, and thus a false claim of dowry harassment was made. Not only that, based on that false statement, the husband and his entire family was arrested, put behind bars, made to cough out huge amounts to get a bail and had no choice but to fight a legal battle in an otherwise defunct and dead judicial outreach. They were also subjected to malicious prosecution. For the charge of dowry harassment being false, the concocted stories of alleged torture would also bear no ground. Having thus said, section 498A of Indian Penal Code, being heavily misused has actually turned out into an assassin’s weapon rather a protector’s shield as rightly pointed out by the honourable Supreme Court of India. Instead of making families, it is breaking families, for any woman who has falsely implicated her husband and in–laws in a false criminal case has lost their trust and the marriage has been dead for all practical purposes. A recent study in Mumbai claimed 40 per cent of marriages registered in Mumbai end in a divorce. And most of such cases involve filing of a false dowry case in order to get a quick divorce with a hefty alimony. Unscrupulous girls, supported by ill–minded parents, especially mother, pampered by a biased legal system that is highly de–sensitised to husbands (read married men) have found this as a very easy way to earn tax–free money. And to add, all of these so called marriages are performed on some auspicious date/time in consultation with some purohit/pundit etc. One can remember times when marriages could last so strongly for ages down the memory lane, and those too were conducted on some auspicious date/time in consultation with some purohit/pundit etc, what has changed so drastically in recent times that marriages have become a source of business opportunity for women and a source of ignominy and stress for men? Save Indian Family Foundation, the single largest Non-Governmental Organisation (NGO) committed to the cause of spreading the message of ’gender equity’ and ’family harmony’ in addition to providing free legal, moral and psychological support to the victims of false dowry harassment and ’domestic violence’ cases, receives on an average of 200 calls per week over its various helplines spread all over India and abroad from battered and harassed men who are either victims of the misuse of these laws or are subjected to ’domestic violence’ at the hands of their wives. Have we come to a point in time when we need to consult a lawyer rather than a pundit or a purohit to decide a marital knot? Especially, a male does need to do so before tying the knot. For if the marriage does not work, which is quite possible in today’s dynamic socio–economic scenario, he will have to bear the brunt of the fallacy. A false case lodged with the help of the corrupt police force, sleeping judiciary and mercenary lawyers robs the man of his health, wealth, life, career and happiness. Even with a low conviction rate, the mental trauma that the man and his family including his mother and sisters and his father and other relatives undergo cannot be described in words and is by no means less than actual conviction. But does life end there? Is the end of marriage, the end of life? Perhaps yes, but probably no. Looking at the alarmingly high and surprisingly suppressed suicide statistics of married males as mentioned in the first paragraph, it is probably true that for married males, the end of a marriage is end of life. But seeing the spirits of a few thousand volunteers at Save Indian Family Foundation, reality shifts. Here people have not only gathered strength to fight against the system and stride against the tide, but have also developed high amount of positivity in their life and learned to remain happy despite a despicable and pathetic married life. Marriage can definitely be the first step towards family foundation but cannot substitute life itself. Life is too big and diverse and there are many things to be done in life than to waste it in crying over the split milk called bad marriage. The volunteers at Save Indian Family Foundation have taken cudgels against not only the biased laws and their faulty implementation but also against the mindset that a woman will not break away from a marriage without justifiable reason. This is a bitter truth, which the society needs to know, imbibe and live with, till the time it refuses to change itself.

Source : msn,https://content.msn.co.in/MSNContribute/Story.aspx?PageID=740a63e8-5966-45c4-9251-96263dadd4e7

(Guest)

It appears that a lot of stings are missing. You say that you were fighting the case in dehradoon for RCR and Maintenance & your husband filled a case in Vizag obtained the divorce decree on 29th Nov 2006. You were married on 26th September 2006.

I am surprised how this happened. He would have filled a petition and a notice would have been delivered to you for appearing in the court. If the notice is not delivered then upon the request of your husband a second notice would have been issued. The court gives sufficient time for appearing in the case before passing an Ex-parte order.

Why did the court not take the notice of date of marriage. Hardly 3 months you were married.

After your name has been added in Army Records, As per the army rules Part 2 Order should be passed. Was the Part 2 Order passed in your case.

Assuming all the above facts stated by you are true and for opening the case you have sucessfully proved in Andhra Pradesh Hon'ble high court. you can get him booked under various section of IPC.

A short note, you say that your marriage was under Special Marriage Act and the Husband obtained the decree in Hindu Marriage Act. from your name i assume that you a Hindu and your Husband must be from some other Respectable Religion.

The Chances are very remote for that hon;ble court did not observe all these facts.

When you stay in Dehradoon, you can appraoch Hon'ble Apex court for getting the case transferred to Nanital high court. It will be better and comfortable for you.

I wish you all the best and wish that you get the justice which you deserve.

BJM_BJM_BJM (Service ) 27 November 2010

Yes I was fighting he said cases in Dehradun (Maintainence and RCR ) My husband filed the divorce for the marrige dated 29th nov 2006 and got in favor ex-partee on 20th Feb 2009 .

Notice was served at wrong address so it never reached me .In court meetings at dehradun we meet and lived as husband wife but he never even gave a stilght hint .In court at dehradun also he lied and concealed the facts .There was publication of the divorce proceedings but was in a news paper which is not in circulation at deradun with wrong address.

Why did the court not take the notice of date of marriage. Hardly 3 months you were married.

As far as the cort is concerned court did not knew that we married as per special marrige act at dehradun.Where as divorce petition reflected my reception date as marrige on 29 nov 2010.This was done to get the jurisdiction of the court.

After your name has been added in Army Records, As per the army rules Part 2 Order should be passed. Was the Part 2 Order passed in your case.

Yes strange do part 2 says my marrige date is 27th sept 2006 as per SMA where as Do part 2 of divorce stated that marrige dated 29th nov 2006 is dissolved.Army is silent about everything .

Assuming all the above facts stated by you are true and for opening the case you have sucessfully proved in Andhra Pradesh Hon'ble high court. you can get him booked under various section of IPC.

My husband is also hindu and is bengali . I was from Up basiclly and a rajput by cast .

The Chances are very remote for that hon;ble court did not observe all these facts.

When you stay in Dehradoon, you can appraoch Hon'ble Apex court for getting the case transferred to Nanital high court. It will be better and comfortable for you.

At present my husband wants to file the fresh petion of divorce at Ludhiana and therefore has pleaded to vishakapatnam court to let him withdraw the petion (As he was caught redhanded)

I wish you all the best and wish that you get the justice which you deserve.

Pls guide

Regards

Bharti