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ABHINAV (Service)     07 June 2016

Dv and 494 ipc case against wife

Since after my marriage in Jan 2015, my wife and her parents had started torchering me and my mother on daily basis. My wife beats me regularly,she also beats my mother in my absence. She demands 30lacs on very next day of our marriage, despite my several requests, her parents told me to keep patience against her violence as her father says that she must have some gynecologic problem and take her to some good doctor, we had tried a lot to take her to doctors but she denied as she was taking few ayurvedic medicines from some kerala doctor. Her father suggested me to do daily puja paath and warned me to beware with her specially on full moon and on amavasya dates. Since that day I started all Puja paaths and start believing on her father’s way. They had requested me to give her more gold ornaments and give precious stones like yellow sapphire and diamond, even after giving everything I realized zero change in her attitude. As of now I had lost everything ( My health, wealth, reputation in local area due to her mental behavior) . My landlord requested me to vacant that particular society due to her regular cruelty on me and on my mother. Society suggested me to file a divorce case even.


During shifting I found a 8page handwritten letter in my wife’s cupboard, She wrote the letter before marriage and unable to handover me that particular letter. Letter was to inform me that she wanted to give this letter to me before marriage and she had mentioned her FIRST MARRIAGE in that letter, she had mentioned that her father had pushed her for early marriage( Baal Vivah) in age of 11years, her father had arranged a fake Merit certificate to show her qualification for her marriage. She had also mentioned that her first husband died early and she lived their as widow. There was a long story in that 8page letter. I was surprised and unable to understand the situation that time. My senses allowed me to keep that letter with me as an Important document to save my life.

 

Even after shifting to a different society her behavior was not changed and she started beating me more hardly, in fact she used to beat me in front of her parents, they are also afraid with her behavior.
After a hell kind of experience, I decided to filed a divorce case under DV . I do ve few voice cum video recordings in which she is beating me in presence of her mother. in that particular video, she had committed even to kill herself and trying to hit herself to file a fake case against me. Later on I was able to manage few recordings again in which she was demanding 20lacs. We had also lodge a FIR in local PS, my mother had submitted a letter to local Mahila Aayog & S.P office for our protection.

 

Even after all such, She is living in our premises and regularly giving warning to us to file three or four cases on me and my whole family.

 

Here I would like to understand following things:

 

1) Can I file 494 against her and her family as they had not shared her first marriage status.

2) Is my marriage valid as we dnt have any registered marriage certificate.

3) If my marriage will be considered as null thn do I need any divorce certificate.

 

Pls help me with your valuable suggestions.

Thanks in advance

Regards
Abhinav



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 June 2016

Sir, 

 

Better is to seek annulment of the marriage on the ground of fraud. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

1 Like

Vakalath (Vakeel No. 1)     07 June 2016

2016 and you are still writing your story?  File for annulment ASAP with all the evidence you have. Run.

3 Like

ABHINAV (Service)     07 June 2016

Thanks for your kind rsponse.

I had taken time as it was a love cum arrange marriage, earlier I was trying to take her out from her past with my care,

I had filed DV case on 9th May 2016, I had recently stepped-in home again to collect evidences to submit. Now I had collected that orignal letter and other things and submitted to my Advocate and stored orignals at my relative's house as backup.

She is still living with us and giving daily warnings, her parents re not responding.

We re really afraid with her fake allegations.

I am mentally prepared now. Looking forward to seek more postive inputs from all guru's here if needed in future.

 

Thanks a lot!

Regards

Abhinav

saravanan s (legal advisor)     07 June 2016

Also file an nc in the police station about the behavoiur of your wife and the threatenings made by them to file false cases against you
1 Like

Born Fighter (xxx)     07 June 2016

Your wife seems to have a serious personality disorder issue. You are staying with a lady who is unpredicatable....as suggested file an NC in local police station to protect urself and ur parents.

1 Like

A walk alone (-)     09 June 2016

File annulment of the marriage on the ground of fraud with the help of evidence you have.
1 Like

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