Forced Marriage

Dear Sir

Assuming that both you & your spouse were adults & of sound mind at time of marriage, you have option of dissolving your marriage on irretrievable breakdown grounds u/ Hindu Marriage Act. Alternatively, if your wife seeks mutual consent divorce, then go for MCD.

Your parents cannot compel you to produce phone record, as that can be done only by the police upon court orders. You may contemplate filing a police complaint against your parents; however remember that adverse familial repercussions may follow. The very fact that your folks are preventing you from leaving Delhi even in face of a job oppportunity itself amounts to wrongful restraint u/Sec. 339 IPC, for which punishment of one year + Rs. 500/-fine is assured; it being a cognizable & bailable offense triable in any Magistrate's court.

Do not even contemplate having s*xual relationships with the other girl whilst you are married; as adultery charges may be levied against you.

I would advise you to:

1. First obtain a mutual consent divorce decree from your local Family Court on grounds of irretrievable breakdown of marriage.
2. Secondly, file a police complaint against your parents for wrongfully restraining you from leaving Delhi city.

Just simply divorce your wife on MCD/irretrievable grounds. And file a concurrent case against your folks. It will sour the familial relationship between you & you parents. But give you ample breathing space to lead your own life, instead of being at their beck & call.

If there is any further query, do feel free to consult me via e-mail at: basu_kunal@hotmail.com. As your lawyer, I will be more than happy to guide you through the legal process.

Warm regards

Advocate Kaybee

Mr. Mahajan

I acknowledge the fallacy of my advise. Thank you for correcting me, Sir. Needless to say, I am not the last lawyer standing on this earth.  

@Abhinav Sir my Ld. Senior is absolutely right. I am an advocate; although not that experienced as Mr. Mahajan who has 35 years exp in various fields such as arbitration, civil/criminal law& DV matters to name a few.

With ref to your problem, I would like to mention that if situation is so grave that you want to divorce your wife immediately, you could contemplate filing an application u/Art. 142 of Indian Constitution R/w Sec. 14 HMA before the SC. 

Regards

Section 13B Hindu Marriage Act, 1955 provides:

13B. Divorce by mutual consent. —(1) Subject to the provisions of this Act

a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Section 14 of the Hindu Marriage Act,1955 provides:

14. No petition for divorce to be presented within one year of marriage.-

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

My only question here is that can any court even the Supreme Court of India under Article 142 of the Constitution of India dissolve the 2 month old marriage by decree of divorce that is sought by mutual consent by the parties? 

The condition of separate living of more than 1 year as provided under section 13B of the Hindu Marriage Act,1955, can that be avoided by the Supreme Court of India under Article 142 of the Constitution of India and allow decree of divorce to the parties?

The section 14 of Hindu Marriage Act provision for getting the permission of the court for filling for divorce under any other provisions of section 13(1) of the Act one need not go straight to the Supreme Court under Article 142 of the Constititution of India, that application can be filled in the Family Court itself along with the petition for divorce on cruelty under section 13(1)(ia) of the Hindu Marriage Act,1955. The exceptional circumstances as prayed in the application for filling the divorce petition within one year has to be to be explained to the Presiding Officier of the Family Court and if that is agreed the regular divorce case will proceed.

Vijay Raj Sir/Advocate Kaybee Sir,

What incase the marriage has not been consummated..?
The girl with whom i have married constantly pressurizes me family and me of going home and filing a case againt them and because of the fear of society my parents constantly pressurize me to have relationship with her which i do not want.
Being a grown up and self dependent man i cannot go out of delhi ncr for job as my parents fear that the girl would file a complain and they constantly call me to know about my whereabouts whom i m talking to and the people i m meeting.
My parents even ask me surrender me cell phone as soon as i reach home and constantly pressurize me ko remove the security pattern from the phone.
All this is happening under the pressure of the threats of that girl. Yes, i made a mistake of telling her truth that i did not wanted to marry her just days before the marriage but whats is the point of this mental harassment now. She has defamed me at my workplace alleging that i m marrying for money.She constantly involves the other girl into our life and asks my family members to call her ask her about my whereabout whereas we rarely even talk and to to on professional bases since we were in the same office. My family constantly threatens the other girl of filing police complaints without any possible reason. Just to be clear i do not have have kind of physical relationship if anybody.
I m sick and tired to death of this constant torture. How can a human being be forced to live with someone he does not want to?
How is reputation bigger that a human life?
Is there any law that can give me a sense of freedom?