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renu (consultant)     30 October 2009

Please help for 498A IPC

Hi,

one of my friend named anupam got married forcibly in month of june 04 in a village of bihar. His father is a very dominating person and forced him for this marriage though he was student of graduation  on that time. The marriage took place and boy and stayed together in village for 4 days. on 4 th day early morning some one came and girl ran away with him and she carried all her jewellery and cash approx of rs 10000 whcih was lying in home.

we started searching of her and finally we came to know that now she has been reached to her fathers home in mumbai and her father has ensured that she will be back soon.

After 7-8 days of marriage whole family (except that lady) of boy moved to calcutta for to search livlihood and they started staying there on a rented accomdation. the boy's father was always rude to him giving comments because of no earning of boy as he was studying on that time  after 5-6 days boy had a fight with his father on all this topic and he left his fathers home and came to village back and started a connfectionary business with the help o her elder sister.

Boy had always tried to take her wife back but his wife and his mother in law both were very abusive....sUDDENLY in the monthe of oct 04 boy had received a call from his mother in law in which she told to take his wife back...boy reached mumbai and informed to his parents that he coming with his wife and they were ok with this...In mumbai boy came to know that girl ran away after marriage as she was 3 months pregnant on the time of marriage and she through with the miscarage..however he came with his wife in calcutta..and he realised that wife is very s*x oriented, she was not bothered for any family members problem...however boy again moved to his village for his work and told wife that he will take her soon....

Suddenly..........boy came to know that his wife filed case uder 498a(Cruelty) and boy's father got arrested. the girl flew with all jewellery and cash which was lying in home and never turned back. his father got bail after 25 days...every in family was restricted boy to not to come to calcutta as his wife very approachable and she could do anything...

the boy moved to Mumbai, started working in a factory and he stayed seperately.

SUDDENLY...in aug 09 police came to his home and arrested him, the boy was not had good relationship with his father resulted his father never informed that case is in the boys's name and he has appear for that case. Boy was not aware resulted he was not presented and got decleared PW from calcutta. now he got transit bail from Mumbai and regular bail from calcutta.

point is in these 4 years boy's family was always tried for settlement with some money but the girl family always came with a new amount.

now:

1. How he can get rid of this case as soon as poosible, his wife is very clever,when he got transit bail, she filed cancellation case. when got regular bail she again filed cancellation case. she is saying he will come and give her a bigger amount to leave him....now she started a new drama and saying that she wants to stay with him.. because she knows that boy who went jail beacause of her, his father went jail because of her that boy would never wants to stay with her and result he might offer a big amount.

2. The girl stayed with boy for around 10 days only is mainatance is applicable in this scennario though she is not working?

3. what is the way to get the settlement done soon.

Please help



Learning

 4 Replies

amarendra (lawyer)     30 October 2009

 dear renu, so far as your qustn 2 is concerned yes she can maintain an application for maintanance . the best way for u is to consult a lawyer and move for dissolution of marriage apart from fighting out the criminal cases

renu (consultant)     03 November 2009

can any one please explain me what is RCR under section HMA. from where i can get the entire details of this

Meenakshi (Lawyer)     04 November 2009

Section 9 of Hindu Marriage act provides Restitution of Conjugal rights which means if either spouse without and reasonable cause deprives the other of s*xual cohabition then the aggreived has the right to approach the court askin for relief if the Court comes to this conclusion that the grounds made out in the petition are genuine and have satisfactorily been proved, the court in that case would pass a decree of restitution of conjugal rights.

. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any provision of law.  As per provisions of the present Act, the aggrieved party can move a petition for a decree of divorce after a period of one year from the date of the passing of the decree and the competent court is fully authorized to pass a decree of divorce in favour of the aggrieved party.

But under no circumstances the court can force  party to consummate marriage. Another advantage is that the aggrieved wife can  claim maintenance from the husband.



renu (consultant)     29 December 2009

Sir,

The lady has filed maintainance case as well. We want to get the matter settled but is seems that she is not ready for it, request you to please share your or any of your sub-ordinates contact details who can approcah from our end to that lady to get the settlement done.

 


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