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Arka Foundation ( A D R)     25 June 2010

Maintainence & 498a

Dear Lawyers Hello,

 

i got married(intercaste) in may 2009 with my girl friend(brahmin), but later after a week my in-laws arranged  a marrige for us in front of my parents & their well wishers. Even though they had married again to both of us my in-laws doesn’t like this marriage

 

before there is small story to say…..

My younger sister got married to my wife’s brother before my marriage in 2007, but both were separately in their respective houses. No one knows that they had an affair.  There is no proof of their marriage.

 

Once my marriage has been done my sister left our house & went with him, but there they were separate till Mar ‘ 09. From April ’10 there were living together .

 

But later my in-law(wife’s mother) says “her son is only taking care of her as a care taker & they didn’t get married to each other”

 

After 5 months of my happy married life,  i have send my  wife to my in-laws house to complete her PG project  work & just to see her parents & to discuss about my sister issue. She said she would back by feb-march ’10. I accompanied my elder sister  to leave her at my in-laws house on Oct 28th ’09. she was fine on the day she left me.

 

She was in touch with me till Dec’ 09, when ever she called me she said ”ther is no mistake of my brother “.  Later in feb ‘ 10 when I called her she would said “she would not be coming back” I was disappointed. My in-laws influence is more on her.

 

Again in 04/04/10 when I called her she said “I will put  u & ur family in me in jail including my younger sister”  I dint take it serious. I thought she said in angry

Note: here my younger sister is living her with her brother

 

Later Again in 04/04/10 when I called her she said “my brothers life is important to me”  assumming this I understood that her brothers life may be in trouble, if she comes back, even her mother supports  in this issue.

 

Now she is totally changed  by her mother & brother

 

Finally she filed as case on me 498(a) & maintainence

 

Note:But in the FIR her signature does match

 

 

 

My questions:

1) Which marriage is valid 1st or 2nd  because both are not registered

 

2) I doesn’t want to give divorce to my wife, I have confident that she will change later(in a year), because before marriage she waited 9yrs for me to get married & cancelled 2 marriage proposals  because of me. She is just thinking of her borother of the moment.

 

3) Will I be in jail, if I cant pay maintenance, which is not in my reach as I have to take care of my old parents who doesn’t have any financial support

 

4) Can we file any case against my brother in-law(wife’s brother), as my

in-law(wife’s mother) doesn’t want her son to be in deep trouble & my

in-law(wife’s mother) will ask my wife to withdraw case against me

 

5) How many days will take to get anticipatory bail.

 

6) what will happen in if I say that I doesn’t want to divorce her

advice please very urgent

 

 

Gagan Shourie



Learning

 3 Replies


(Guest)

By reading your entire story, two things are not clear. (1) Are there any quarrels between your sister and brother in law (2) At one or two places, even dates you mentioned wrongly.  (3) What your wife and in-laws are expecting from you?  Do they want to break the relationship between your sister and brother-in-law.   Please clarify. 

Now; you both waited for 9 years and got married and the marriage was inter-caste marriage and despite all the odds and adversities come from the society, you got married.  That means, you both are in real love.  Hence, she will not send you to jail.  After your marriage, your in-laws accepted you (may not be liking you) and for their satisfaction, they again married you as per customs.  That means, they do not want to break that relationship. Now, the problem is only with your sister and brother-in-law.  Till you explain the problems surrounding them, it is difficult to get proper solution.  With this introduction, now I try to answer  your questions:

1) Which marriage is valid 1st or 2nd  because both are not registered

Both marriages are valid as the registration is not compulsory for a valid marriage.

 

2) I doesn’t want to give divorce to my wife, I have confident that she will change later(in a year), because before marriage she waited 9yrs for me to get married & cancelled 2 marriage proposals  because of me. She is just thinking of her borother of the moment.

I am as much confident as you that you both will resume your happy married life.

 

3) Will I be in jail, if I cant pay maintenance, which is not in my reach as I have to take care of my old parents who doesn’t have any financial support

If she files maintenance case, and if she does not have her own source of income, then you have to pay her maintenance.  The court may take into consideration of your meagre income and your responsibilities of maintaining your old parents and then only fix the maintenance amount to your wife.

 

 

4) Can we file any case against my brother in-law(wife’s brother), as my

in-law(wife’s mother) doesn’t want her son to be in deep trouble & my

in-law(wife’s mother) will ask my wife to withdraw case against me

 

Yes.  That is one option open for you.  But do not follow it right now immediately.  First try to understand the problem of your sister.  By intelligent elderly intervention backed by undying love between you and your wife, the solution is very near.  Hence, immeidately do not file a case throw your sister against the brother-in-law.  It will also spoil their matrimonial life.

 

5) How many days will take to get anticipatory bail.

It is discretionary in nature. There is no guarantee that one will get anticipatory bail.  Once application is filed on the next day matter will come for hearing.

 

6) what will happen in if I say that I doesn’t want to divorce her

You say time and again  "I won't give divorce" and she will not be getting divorce.  As a matter of fact, she also does not want divorce.

Arka Foundation ( A D R)     26 June 2010

thansk for yur reply sir

Q)Are there any quarrels between your sister and brother in law
A.No.

The actual culprit & problem is my in-law. she wanted to take revenge against me & family as i married her daughter.
Revenge in terms of encouraging her son to trap my sister & get married to my sisster & then take revenge on us.
My sister dont knwo this she believe that they ar good. This is told to me by my wife before our marriage & also confirmed the
same after our marriage. Finally  my sister fall in trap of him. Nowing my sister is elder to him still she encouraged her son to do so.

Q)At one or two places, even dates you mentioned wrongly.
A. All dates r correct, last dt is 07/07/10.


Q)What your wife and in-laws are expecting from you?
A.They doesnt want to break the relationship between my sister and brother-in-law, because then only my in-law can take revenge on us.

Now after i have sent my wife to my in-laws house, they want to break the relationship between my wife & me, just to save her son & be safe.
My in-law is bothered only  about her son life & not daughters life. The same  was told by my wife that "my mother takes care more of my son than me"
but she is capable of arranging & doing second marriage to her daugther.

 
Q)I doesn’t want to give divorce to my wife, becasue now she is influenced totally by her brother & mother about their relations &  telling more bad(as is send my wife to her house) on me.

 
Q)Will I be in jail(be more precise), if i cant pay maintainence becasue my salary is 20000 per month. & she had already filed maintainence case.  She is well educated(MSc Bio-technology)  & only daughter. Her father is govt empoloyee. earns 50000 per month
 
 
Q)Pl suggest that can we file any case against my brother in-law(wife’s brother), because my wife filed(influenctailly) all my family members in  this 498 case. Here my elder sister is no where related to this she stays seperately & my younger sister is living togerther with her son, and all were inlcuded. See how cruel is my in-law. Hope u understand my in-laws mentality. To keep my family members safe i just to file a case sot that my
in-law  will automatically ask my wife to withdraw case on me & my family

 
6) if I say that I doesn’t want to divorce her, will the case gets prolonged. Divorce can happen forcefully without my opinion. In mean time are any chances for my wife(with influence of my mother) to harase me for maintainece assusming that i will give divorce immediately.


Pls advice urgently


gagan

 

 

Devesh A. Bhatia (Advocate)     04 July 2010

Gagan, Kindly mention age of your little sister. One thing you can do is that you can pursue your little sister to file/threaten to file an FIR for rape against your brother in law. If there is no proof of marriage b/w her and your brother in law, your sister can prove that he promised to marry her and she lived with him based on that promise during the time you mentioned. Get photographs of your sister and your brother in law as living together as a couple. 

Once your in laws will know that there lies a big trouble ahead if they try to get a divorce for their daughter on wrong foots and threaten you, they may have to rethink.


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