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Janaki (Student)     06 August 2014

Need peace

Dear friends,

I got married a year ago and stayed with my in-laws for ten days after which he left for US and i left to college. During the stay in his home, my in-law and him were not good to me and abused. Our marriage has not been consummated. But before he left, he promised me to be good.

 

Within a month we came to know that they have cheated us on his age (he was born on 81 but they said 87). I have evidence for the cheating on date of birth.  When asked about it, he didn't give a proper explanation and stopped speaking with me. His mom spoke bad about my character and my family to relatives and neighbors. They also traced my phone call history and called my friends (both boys and girls) who were on the list, abused them that they have illegal relationship with me and threatened them.

 

They asked for mutual divorce and we accepted it. We did asked them to give back my jewels and the money we gave for marriage. It was going smooth. Now they have filed a case on me in SP office that i am not ready to live with him and asking for money. And he contacted me through whatsap and threatening he would bring everyone with me in the loop and file case on my friends that they disturbed the marriage life and adultery case on me.

 

What should I do now? Should i file a case on him seeking for divorce and fraudulent marriage? Could he file case on my friends? I dont want them to suffer because of this problem.  They are my friends, could he file an adultery case just based on the phone call history?? 

 

Please help me.



Learning

 5 Replies

Prasad (Systems Engineer)     06 August 2014

Your husband certainly cannot file any case on your friends.
If he has proof for any adultery, he can file case only on you.
But you will be able to prove him wrong and get divorce on cruelty grounds.
And you will also get back all your money/jewels.
You can also claim as much alimony he is capable of earning and give it you.

If you want to divorce him you can file a case by submitting the “age cheating proof”
and “proof of threats via whatsapp”.
And you will also get back all your money/jewels.
You can also claim as much alimony he is capable of earning and give it you.
Or file a mutual consent divorce as you both agreed earlier.

Whoever files case, you have more chances of winning as courts and laws are more women friendly.
Also you seem to have good proofs for your case.

But make sure you do not act in hurry and shortsightedness and thus lose a good man and his family.


 

Anish Thakur 7018812737 (advocate)     06 August 2014

Your husband or in laws cant not file case against your friends on flimsy grounds.Tthe indian laws are female dominanting laws.You can file case gainst them under domestic voilence as supreme court has counted mental harassment as cruelity.You can also file for divorce on various grounds.Feel free to call for detailed advise.

Janaki (Student)     07 August 2014

Thanks Prasad and Anish.

The evidence i have is a call recording and his horoscope (photocopy) they gave us. Is that enough to file a case? 

Also i don't want him to get arrested or his visa get cancelled, as it may affect his future. 

 

As a result of his mom's complaint (they want us to re-join and accused my mom that she claimed for money) in SP office, we attended a enquiry. In which they demanded me to go in-law home, serve his parents and he will come to India when he find time.  I denied it, saying i need an explanation from him in person and not through phone calls and I cant go to my in-law home as they may torture me.  My in-laws  concluded the case that they don't want a girl who doesn't come to their home.  (note: still my husband is in US)

Can they file any case based on this ?

How long would it take to get divorce if i file asking for divorce.? 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 August 2014

Dear Janki

My opinion on your queries are as under:


What should I do now?


Opinion: file a domestic violence case against them if they committed domestic violence upon you.

 

Should i file a case on him seeking for divorce and fraudulent marriage?

Opinion: you may file a annulment petition against him for his fraudlent act before family court under section 12 of Hindu Marriage act if both of you are Hindu and the marriage was solemnized as per Hindu rites and rituals.


Could he file case on my friends?

Opinion: Legally no, he can not file any case against them.


I dont want them to suffer because of this problem.  They are my friends, could he file an adultery case just based on the phone call history?? 


Opinion: no, Phone call History can not be strong proof for Adultery.


Feel free to Call

 

Prasad (Systems Engineer)     07 August 2014

Hi Janaki...

I appreciate your good will that you do not want your life partner neither to get arrested nor to get his visa cancelled. You care for his future though you have conflict with him.

Just by filing divorce case, your life partner will neither get arrested nor visa cancelled.

But if you file any criminal cases like "dowry harassment" [498A] or domestic violence, he will get arrested.

So, just go ahead and file a divorce case by producing your proofs.

Find a good lawyer in your place and talk to them.

As per experts, a contested divorce takes minimum 1 year to maximum 2 to 4 years.


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