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Victimoftorture (aaa)     22 December 2009

Please help

I have a long and complicated story. I am a victim of physical and mental torture by my inlaws and husband. this is my second marriage. My first marriage was ended by a mutual divorce since my ex husband was having an affair and since we both are educated people, we decided to end the marriage without any dirty games. We filed for divorce. After I filed for divorce and my first motion was already in court, I met my present husband in my office and we liked each other and decided to get married. He used to accompany me to the court for my divorce proceedings etc and was perfectly ok for accepting me with my past. My divorce orders were passed on 25th April'2006 in which the judge had mentioned that he is convinced that the marriage is irretrivebaly broken and he will pass the decree on 1st May'2006. Soon after the orders, my inlaws and my husband put immense pressure on my family to get me married on 30th April for some reason. My father was adamant and said that we can welcome your guests on 30th night but the marriage ceremony will only be performed on the 1st May. We booked a room at the hotel and the marriage was conducted on 1st May morning after we got the decree around 10 AM. anyways the marriage happened and its only after some time, I realized that my husband married me only for money. He and his family are not financially well off and I am quite well settled in my career. Immediately after my marriage, they started torturing me for money. I kept on taking loans after loans for them and took care of all their debts, they also forcefully asked me to buy a property worth 50 lakhs and my husband got his name on the property as a co-owner. I am paying an EMI of 45 K every month till date and also took care of all the down payment for which i have proofs of. I kept on getting tortured, and then finally after about 2.5 years of marriage I decided to file a complain in the women cell in delhi and moved out of their house and live on my own now. After one month of me filing the complain, my husband filed a civil case on me saying that he was not aware of my marital status when he married me and that I married him on 30th April when I was still married to my first husband and that I have cheated him. he has appealed to the court to nullify the marriage. During the women cell investigation, he refused to give me my gold, my money etc. and even refused to sign on the property papers for which I am paying till date. I even agreed to get no settlement from him and leave all my gold and money and just get his signatures on the house papers which belongs to me. he refused and is stuck on getting the marriage nullified. The nullfication case is in the civil court and there have been two hearing in which the judge was absent. The women cell personnel also realized that there is no point and have now forwarded the case to the police station to file the FIR. Please help. What are the chances of me losing this civil case.. and i am determined that I will fight for justice. the FIR would be registered sometime this week. Any thoughts?

 

 



Learning

 10 Replies

Devajyoti Barman (Advocate)     22 December 2009

If  you have married second time after the decree of dissolution of marriage then he has no case for nullity. Though the interveninys time of 30 days time did not expire at the time of your second marriage , in the cintext of no one challenging the judgment before the higher court the same attained finality.

As far return of article and torture I guess you have alredy initiated the process of complaint u/s 498A, 406,506,120B IPC, or u/s 12 of DV Act, u/s 125Crpc etc.

Victimoftorture (aaa)     22 December 2009

Thanks for your reply. Its a little complicated... so the marriage ceremony happened on the 1st may however the welcome and everything for the guys side was done on 30th night. The video CD etc has been made in continuity and  ...and does not include these facts obviously which is what they are challenging. We have the hotel room booking receipt for the 1st may and also the pandit testifying the same as well. I had no reason to marry someone one night before the decree passed when it was a case of mutual divorce and more than me my ex husband wanted to be out of the marriage. He is happily married now with the same girl and he didn't want to contest it at all.

So considering all these facts, how does the court function. I mean are there any chances that I might lose the case. Considering for a minute that I lose the case and the marriage stands nullified, would my charges on my husband and my in laws still remain. I mean I have all the proofs of the money that they extorted out of me etc...

Victimoftorture (aaa)     22 December 2009

Another important point is that my husband also has another dowry case that has been filed against him and his family by his ex fiance with whom they had broken the engagement since the girls side could not fulfill their demands of dowry. I was told a twisted story about this before I got married to him and I like a fool believed him and also paid Rs. 90,000 for the bail of him and his family. This case is still ongoing in the court of law for the last 4-5 years and no conclusion has been reached for that. Don't know if this would make a positive impact on my case or not.

Raghav Sood (Lawyer)     22 December 2009

the happenening with you is highly condemnable

dont worry you are not gonna loose any case

if the loans are on their name and you are paying then  file a civil suit for recovery of all the dues on husband and his family the suit is maintainable

1 Like

Devajyoti Barman (Advocate)     22 December 2009

Mere booking of hotel of giving treat to the guest does not amount to solemnization of marriage. It is the performance of necessary religious and customary rituals.or date of registration of marriage. The pending criminal case would be of some influence in your case if put in the opportune moment.

1 Like

Thirumaran (Litigation Incharge)     22 December 2009

You are looking into the wrong shadow. If your complaint is proper the Police would have registered a case. I would suggest you move the concerned Metropolitan Magistrate Court under section 156(3) of Cr.P.C praying for a direction from the Court to the Police to register a FIR or in the alternative you can invoke section 482 of CrPC before the High Court for the same relief.

Also I suggest you look for reliefs under the Protection of Woman from Domestic Violence Act. You can get ex-parte orders for residence, protection, return of your property etc.

I suggest you contact your advocate and ask his to proceed in this regard.

 

Regards

 

Thirumaran.

Advocate, Chennai

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     22 December 2009

i agree with thirumaran sir

Victimoftorture (aaa)     22 December 2009

Sir the police is registering the complaint this week. In Delhi, the FIR only gets registered after investigation from the CAW cell. They are done with their investigation and have asked the local police station to file the FIR. They are doing it tomorrow. My only concern is the false civil case that my husband has filed on me... it is fake. I only wanted to know how does court proceed in such cases. I have all the proofs etc. to proove the torture, money extortion etc. They are only jumping around coz they have filed this nullity case against me and thinking that they will go scott free because of this. The next hearing for this case is 27th feb. My FIR against them would get registered this week.


(Guest)

 

Victimoftorture,

1) Date in marriage cerificate is important.

2) Receipts are helpful to you for evidence.

3) You can claim your invested amount from your husband. As a co-owner you have right to claim your invested amount. Try to get your husband's income certificate and other source of income as evidence.

4) Beside all these you can make a complaint against your husband for cheating.

I also agree with Raghav Sood ji.

Parveen Kr. Aggarwal (Advocate)     23 December 2009

I would like to add that in a civil suit it is for the plaintiff to prove his case and stand on his own legs and he cannot take benefit of the weakness of case of the defendant. So, it is for your husband to prove his case and as per the facts narrated by you, it seems that your husband has remote chances to succeed.


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