MKSingh (Personal) 08 November 2013

Rcr counter as forced marriage!!!

Hi Experts,

Need your advice again.

I have married a girl in temple in front of friends and colleges in Hyderabad on 7th Feb 2013.

This marriage was with mutual consent from both. We both have planned to tell about the marriage after completion of 4th semester i.e. after 3 months or if her dad gets any proposal and went back home independently on the same day. We both are 24 years old and completed recently P.G.

Her parents got the information about this marriage after two days. From then we both did not have communication, when I tried her father didn't allowed. I have sent legal notice after 4 months (May) in return her father warned my family. Later I went back to her place after 5 months, her father complained in P.S. In P.S. by understanding the truth they didn't file any case but asked to resolve it personally. But her father didn't resolve the matter. After 7 months I have filed RCR case in City Civil Court.

On the First Hearing, Respondent and her father came to the court. Judge given time for reconciliation, But it failed. Respondent said to the Judge It was a forced marriage. Judge requested her to give the Counter. In the counter they have given statements that the marriage was with forced , threat, coercion, requesting for nullity and also saying Sapthapadi has not happened. I have the recording where before marriage we she requested the marriage, pictures, videos and people who attended this marriage. Saptapadi ceremony was not happened except this all ceremony was happened by the priest as per Telugu tradition.

The respondent father have appointed a lawyer, I have not appointed lawyer till now. Respondent is following her father. I lost all my hopes to take her back.

In reply to the Counter I'm countering to prove the threat or force happened for this marriage and asking why they have not filed any case in P.S. if it was a forced marriage.

They are filing a new case on nullity on force and fraud grounds.

Thanks ,

Mukesh Singh.

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3 Replies

MKSingh (Personal) 08 November 2013

My Questions,

1. Can I ask for one more reconciliation for the respondent.

2. Thinking to withdraw this RCR petition after filing the reply to the counter, after one more reconciliation. Will this effect nullity case filed by the respondnet on Fraud Grounds.

3. What to do so much confused? Please advice how to proceed.

BAALASUBRAMANNYAMM (Advocate) 08 November 2013

when the respondent(your wife) or her parents are not interested on you, your attempts would give negative replies.You can request the court, for one more reconciliation. But you should not with draw your RCR on any manner. If you withdraw your RCR, your genuinity will carry negative on you.

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MKSingh (Personal) 02 December 2013

RCR Counter U/S-12--U/W- 7(a)&(b).

The respondent has filed a new case for Annulment of Marriage U/S 12, U/W 7(a)&(b).

In this it is written as the marriage was under force, threat, suicide warnings so requesting for Annulling the Marriage and demanding 5 Lacks for doing all these.

They are saying two things

1Q) Marriage was by force, threat and suicide warnings, so the respondent managed the petitioner not to consummate the marriage. which is completely false.

2Q) Marriage was not solemnized as per Hindu Customs and Traditions 7(a)&(b).

1A) The marriage was with mutual consent from both the parties, I have a audio recording where she said clearly that "We want to marry and register, we will tell to our parents after 4th semester, may dad is very strict he will defiantly say No and do house arrest, If my dad brings any proposals ill can tell him I'm married ." So went to individuals house as per the plan.

2A) The marriage was solemnized as per Hindu Customary Rites & Ceremonies prevailed in Telugu communities in Andhra Pradesh. like Jilakara-bellam, toe-ring, mangala sutram, arundathi, etc. It was in a temple so the priest did not do sapthapadi, In Telugu communities so people will follow sapthapadi and some people will not. When I met few advocates for my case, some says its not mandatory but as per HMA 7(b) its mandatory. Can any one explain why is the difference and what is correct?

Next date is given in Feb 2014, for my RCR its Hearing and for their Annulment case its Counter.

Suggest me whatever you feel about this case. Please tell me how to proceed.