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Shazia Hassan (Associtae)     29 April 2015

Need help in separation

Hi,

I was married in the year of 2007 under to Hindu Marriage Act. it was a Love marriage with mutual agreement of our family. But since after our marriage, my wife started doing misbehave with my family and her family started demanding money. She was with me for 3 years since our marriage. During that period, she tortured me financially, mentally. She and her family extracted around 30 lacs from me and my family with in the span of 3 years by making false excuses. She pressurised me to leave my family and get settle abroad.  I was not in a favour of it as my family needed me. I tried to make her understand this but she didnt agree. She also tried to commit suicide to make me agree for settling abroad. And to fulfill her this desire, she also went for abortion couple of time without telling me or my family. that she is pregnant. They she started preparing to go abroad like applying in foreign university and collecting money to show in fund requirement etc. During that period I tried to convince her not to do that as I need her. But she didnt agree. and finally after 3 years she went to New Zealand in Jan 2010. I had my friend in New Zealand and also studying in the same university where she was. I used to get  information regarding her well being . He told that she had not disclosed any one that she is married and hanging around with every possible Indian Guy in auckland, having s*xual relationship with them,SHe also had fights with them. During this i was trying to convince her to come back but she didnt agree and used abbusive language and asked to stay away from her. After r years 2014, i found her on Facebook, with her new Husband and a child. She converted herself in Christian. Now we are thinking to file a case against her to give me Divorce. BUt I am not sure that as she is converted to christian can i file a case or complaint against her? OUr marriage is still in existence, I want to move in Life but cannot as according to Hindu Marriage Law I am still married to her. We tried to contact her family , but. they are waiting for us to file a case. they are planning to extract more money from us once we will file a case against her. I am not sure how to proceed. I just want her to give me Divorce and my money which they had taken from me.

Can you help me in this regard.



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 3 Replies

saravanan s (legal advisor)     29 April 2015

you can file divorce  u/s 13a hma on grounds of cruelty and desertion.since she had left the matrimonial home without your consent for morethan two years it amounts to wilful desertion and you have to show proofs that she hadnt returned to the matrimonial home inspite of the requests you made.

ssince she had married again without getting divorce under hma she has also committed the offence of biagamy u/s 494 ipc if you could gather enough proof to substantiate your claims you can also implead her.since she is already married to another guy at the time of marriage i think she wont be entitled for maintenance

whatever money you had given will be considered nothing but charity unless you had made any loan agreement or promissory note for that.

Shazia Hassan (Associtae)     29 April 2015

Thanks Sir, for your valuable advise. Will my complaints/case will be applicable on her as she is now in New Zealand and converted to Christian?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     30 April 2015

Sir, File the divorce on the ground of her conversion and bigamous relation and you can also file a complaint on her getting married during your life time under section 494 IPC .... Warm Regards Kapil Chandna Adv 9899011450

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