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vishwatha (Legal and Secretarial)     31 August 2008

marriage

a bangalore girl was married to a man in mumbai. from the day one of her marriage, there was mental and physical tortures by her inlaws. however, her husband, in spite of knowing the happenings, was not taking steps to stop them. rather he was joining his parents in this. she was abused because she was not earning equally to her husband.  there was too much of tortures relating to fiancial status of her and her family. when her parents tried to speak to her inlaws, they were not allowed to do that. she was forced to stop having contacts with her parenst and relatives. she was fianlly evicted from that house and the girl s away from them since 4 months. in these 4 months, there was no call from her husband. but that husband had registered under a matrimonial site as "divorced" and seeking alliance for remarriage.

can you please advice her about her next steps? please suggest smthg othr than doemstic violence?

 



Learning

 10 Replies

D.V.RamaKrishna (Advocate)     31 August 2008

Viswatha


1) Make it clear in your query as to which religion the boy and girl belong to and according to which custom their marriage had been performed.


2) You said the girl had been made to physical and mental torture by her parents-in-law and her husband being silent spectator to all that. If it is true then they are punishable for under criminal and also various matrimonial laws/provisions.


3) It is not clear whether the marriage was consummated or not or if there are any children born out of the wedlock.


4) According to you after being thrown out of the family of her husband, the girl had been staying away with her parents since four months. In these four months has the girl or any one from the girl's side tried to contact the boy or boy's parents. If yes what is the result? If no why have u not tried to contact.


5) You also stated that the boy got himself registered in a mtrimonial website as a divorcee. If so you may approach the website administrator with details regarding the boy and girls marriage and their living separately, due to unbearable physical and mental torture by the boy and his parents, and without any order of divorce given by any court.


6) The girl may write a letter, by way registered post with acknowledgment due mode, to the boy asking him to take the girl with him.


7) If there is no reply from the boy then the girl can file a petition for restitution of conjugal rights or for divorce, whatever way she likes.  

Mohit Attri (lawyer)     31 August 2008

section 498-A of ipc applicable

manu (advocate)     31 August 2008

hi,


u have not mentioned the remedy u want, that s whether she wants divorce or family life??


if she s willing to join her husband, as suggested my learned frient u can send a registered notice through a lawyer seeking for the restitution of conjugal rights. Inspite of the notice if he doesnt turn up and take her back to matrimonial house, u can file a suit for mandatory injunction and in the same suit u can also seek a consequential relief of injunction restraining the family members of the husband from interfering in ur family matters.


But my personal opinion is better go for divorce. when husband doesnt need his wife then what s the point in wife preferring to live with him by bearing all the tortures??? cruelty is a very good ground for divorce. u can file a petition for divorce and at the same time claim for maintenance under section 125 of crpc. under this even divorced wife is entitled to claim maintenance.


when suh a good women welfare legislation is there to protect girls interest why dont u invoke it sir??? that is the best weapon to teach a lesson to the hsband and his family members who torture innocent girls.

Ravi Arora (Advocate)     31 August 2008

she can file :-


498 A IPC,


Sec.12 of dom.v.Act


406 IPC,


125 for maintance


but as Mr.D.V. Ramkrishna said clear your query

Guest (n/a)     01 September 2008

It is not very clear..... from above story... that the story has it substance or not it is my advise if you do not have the evidence in your support you will be facing the counter! but if all the stating things are right then pls. ensure that whatever has been stated, even the calls / phone bills have to be counted....



 

giri nivarthi rao yadav (lawyer)     14 September 2008

you have to file a police complaint regarding his matrimonial advt.

giri nivarthi rao yadav (lawyer)     14 September 2008

you have to ask him to show the court orders of divorce if he had really obtained in the absence of your sister.you have not mentioned where your sister is presently living.


sometimes divorce orders can be managed by giving false evidences before the court.


your sister should send a legal notice and file a case for maintenance immediately to know the actual position of her husband,and she can stay in her mother's house


girinivarthiraoyadav@yahoo.com


9849268834/985117714

R Muralidharan (Accounts Consultant)     29 September 2008

Dear Mr Yadav

 


Now the parents of the boy have created a profile in a matrimonial website seeking alliances for their son making a false declaration that their son is "unmarried"




 


Can father of the girl file a complaint under IPC for cheating against the parents of the son in Bangalore where the marriage was solemnized




 


 

R Muralidharan (Accounts Consultant)     29 September 2008

Dear Mr Manu


Pl enlighten on the reply posted  to Mr Yadav

suszen (typist)     01 October 2008

Good to visit this website and  It is not clear whether the marriage was consummated or not or if there are any children born out of the wedlock.


================================


suszen


https://www.epicwealthsystems.com/index.php?id=griff


 


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