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CHAT WITH ARUP.

Page no : 2

Mona (Unemployed)     26 March 2010

I am 25 year newly married women. my parents forcefully married me to an 41 old man. it is just 15 days going on of my new life, and in between the man tried to beat me and i went through a mental torture. the environment and family is horrible to live in. i came back to my parents and told them everything about it. but they are still forcing me to go back to the hell. and in between parents threating me that if i don't go back they will commit suicide because of the society reputation. i have my boyfriend out of station and still he want me. can i live with him? can he will be in trouble? what is the best way to get out from this horrible situation? i have no support with me in the means time. all are against me. i didn't do any mistake, i just did believe my parents and got married. they didn't inform me also about all the fact about the in-laws family. please give me suggestion.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     26 March 2010

horrible! neither from husband side nor from perental side you are geting support right now. you have the way. but for that you have to be bold.

r u interested to continue the marriage or not?

is yr boyfriend have sufficient means to support you financialy or not.

as his wife you may go to police with complain of 498a, dv act,etc, where undoubtedly you will get relief, but all the relief you will get that is in the name of marriage at present as mrs of so and so. would you like it?

first you chose one among the three:-

i) whether you want to continue the marriage life?

II) whether your boy friend support you even after your marriage and he has sufficient financial means and willingnes  to support you and you want to avail it.

iii) you want to be a self dependent lady. rest may be think latter on.

after getting your next post, i shall go on details.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     26 March 2010

every problem has a definite solution.  your struggle bringing you nearer to that.

Mona (Unemployed)     26 March 2010

No Sir.

1) I am not at all ready to carry on my marriage life. i am an educated girl but from tribal family and my parents are still following the bl**dy traditional rule. the living condition in my in-laws home is terrible, without bathroom, toilet and without study ..i can't imagine that my parents did it with me..and i just want to live my life in my way.

2) yes, my boyfriend is the only person i believe. i know i did very wrong with him, but still he trust on me, and every time i am getting support of him. he is well employed and we both know that we can manage in worst situation. my main motive is to live my life not like princes,but with dignity and minimum requirement.

3) yes i want to be self dependent and my boy friend will help me to search a job. i have lots of believe on him and i know he will be always with me.

my query is:

a)can i run away from my in-laws home with out giving a complain to police?

b)can i go to my boyfriend, and if my parents put a missing case what may happen? how long i need to put me in hidden mode before marry my boyfriend? will it be a problem fro my boyfriend?

c) i am very much sure that i can explain each and everything to police, but i don't want to put my parents in trouble because they are in Govt. Job, can i just run away from there?

d)How long i need to wait to put a divorce application, i am just 22 days old married ?

e) i don't want to put my boyfriend in any trouble, because he is in starting mode in his career, and already he supported me a lot, please let me know the proper way in which i can live my own life in my own way as well as marry my boyfriend?

waiting for your valuable reply.. and thanks a lot for your response. have a great day and please please help me out of the hell


(Guest)

Sh. Arup ji here is a very interesting case;
(On intra district territorial jurisdiction grounds)

1. Wife files for S. 13 (1) (ia) (ib) & S. 24 HMA in 2006.
2. Marriage took place in 1999 at Arya Samaj Mandir at Central Delhi. Matrimonial home from day 1 of marriage is Dwarka (a sub district of Delhi) of parties. Petitioning wife without consent leaves matrimonial home of Dwarka in 2002 and lives at a unknown address in Delhi which she is not disclosing to Court by way of filign for divorce in 2006 and under Sworn Oath Affidavit she says the Resident of address mentione din Sworn oath Affidavit is her corresspondence address. . Respondent (husband) still stays at Dwarka.
3. Before bifurcation of Districts Courts in Delhi the above plaint jurisdiction was rightly at Tis Hazari Courts, Delhi if HMA jurisdiction is taken care of.
4. But from end 2008 there is new District Court inaugurated at Dwarka. As you read under abv. para 2 wife matrimonial home after marriage was Dwarka and respondent (husband) still lives at Dwarka and now a District Court is also there in Dwarka and moreover wife says under Sworn Oath Affidavit she does not wish to disclose before any court of law her "ordinarily resident of" address ! 
5. Husband (respondent) files in 2009 S. 24 CPC in D HC and his prayer to decide jurisdiction issues of above plaint before deciding any other issues under HMA first is admitted as further direction to trial court by D HC.
6. As you are aware for Jurisdiction matters HMA superseeds CPC.

Now only two que based on abv. briefs:
1. Can respondent (husband) succed in getting intra district transfer of wife's plaint to Dwarka?
2. Even if the plaint of wife gets transferred ot Dwarka District Courts how to tackle the address (ordinarily resident of) major issue (asked for solving future legal corresspondence / legal notices issues)?
Kindly advise.....slightly in a hurry Sir
Rgds.

sarathy veeraraghavan (SALES PROFESSIONAL)     26 April 2010

Marriage was fixed through matrimony website,my self was working on behalf of icici bank personal loans and was earning well, i told a lie that i have completed degree, but i was having arrears,i did not consult my family for marriage, my wife had a brain tumor knowing this i married her, my family members said no for the marriage, and considering my wife health i asked my father in law to see a house near by them,but unfortunately every thing went bad first i got a loan from my father in law of rs 50000 before marriage, because my father was not financially sound to conduct the marriage,to buy dresses and mangal sutra for my wife for that purpose i borrowed from my father in law, and after marriage, for which i gave two blank cheque , and i lost my job after marriage and suffered for 6 months without a proper job , and my father in law threatened me that i will put a case by depositing your cheque , father in law does not believe me in sending my wife for a living . she had a brain tumor before marriage and i married her by knowing this, due to financial problem i pledged my wife jewel including( 150000). they even taken my jewel which they offered me on my marriage , i want a solution to live with my wife, they tortured me like anything because of this me and my wife got fight between, now they dont believe me sending their daughter with me , i want a solution whether to live with her or to divorce her.even my wife nodding her head what his father say . if she comes and stay alone with me i will take care of her, he used abused words to me and to my father, please suggest me what to do and now i have settled 60k out of 1,5 lakhs .they have taken all the things which they offered me on marriage like fridge, TV, washing machines and other house hold furnitures i have even given my wrist watch which they presented me on my marriage, i dont want their money and other things , am not money minded , my father in law gave me the loan through their friend both are in state government my father in law also done BA LLB , i need a solution for this big problem,

Arup (UNEMPLOYED)     30 April 2010

Every petition under HMA shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iv) the petitioner is residing at the time of the presentation of the petition,

therefore Dwarka shold be the answer.

judith (advocate)     11 November 2010

hello sir

Arup (UNEMPLOYED)     12 December 2010

WHOM YOU WANT TO ADDRESS?

hedevil hydraheaded (non professional )     12 December 2010

Arup Ji

The title of the thread is Chat with Arup, so the hello is for you obviously....

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