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498-must-scrap (Manager)     07 October 2012

Please help for big mistake of son

 

Hi All Law Experts,

 

Can anyone suggest me for Big mistake of my son, his age is 28 years Old and He got married without inform us. We all unaware from this from last 2.5 year he got married on JAN-2010 in Nagpur district court, we are from Nagpur & that girl is from another city, Girl is not living with us or with my son from begining (date of Marrige), they got married infront of Girl relative in Nagpur Court, nobuddy was there from my son side. I am not 100% sure if my son was in Pressure but now a day's he is constantly crying and living afraid life now he realised he was wrong, and dont want to talk on this matter, he tried to Suicide once time, we are from Devotional family and I'm government servent, I dont want any major Issue because i dont know anything about girls Family, They should informed us about this, 

Yesterday I just checked Bank Transaction details of my son, he transfered Ninty thosound (90,000) Rupees  to girl account in last one year, so I was surprised to see that thats why I called to his friends & discussed about this because my son not saying anything on this, and got details about that girls she is too agresive, she always ran the orders on my son also always Use of abiusive language to son and about us and our family also excessive anger of her towards us at trivial matters, 

One more thing my son don't have any proof of marrige  his friends said he stucked on document which all kept by her she always blackmailed my son because she have merrage certificate & He dont have anything,

By hearing all this I don't want to bring her in my house, I never opposed of my son choice but I dont think he will be happy with her, 

I'm totally afraid due to big mistake of my son  Please help me and give me legal advice how to get out of this Fake marriage or how to solve this otherwise we will be going mad each day, We dont want any major issue, 

 

 

Thanks for giving time to read



Learning

 7 Replies


(Guest)

if it is an abusive relationship beyond any chances for improvement , then tell your son to be very cautious not to have a child out of this wedlock .

Secondly , record all the conversations ( audio or video ) in which this girl is putting up un-reasonable demands or talking abusive . Also , if possible tell your son to look for another job in some other city and try to keep him away from the trouble .

Be strong and handle the situation smartly !!

MohammedRaffiq Bijapur (Advocate)     07 October 2012

It is always better to avoid unwanted things happend. I can understand ur fear. Past is past be positive. Ask ur son's opinion about his future life with his wife. if he persist to keep relation her then u have to contact ur daughter-in-law and her parents. matter would pacify. Try , good results would come out.   

Tajobsindia (Senior Partner )     07 October 2012

1. Locally hire an advocate via reference or search database of LCI and hire one and consult furher the facts as in Chamber discussions.

2. Since from last 2.5 years your DIL is not living in shared household without any reason, it shows she has deserted him and for the same your son is eligible to file petition seeking divorce from her on “desertion” grounds alone.

3. Once he files divorce it is obvious seeing nature of DIL as narrated in facts of your thread post she is bound to retaliate upon you all and may be by filing S. 125 CrPC seeking maintenance from your son + dowry related complaint case and may be Domestic Violence Case too etc.
For the same it is suggested to morally be with your son and disown him from properties in your name and ask him to live separate before filing divorce case. The reason to do so is to not to receive any court Notice of hers on your son’s name arriving at your address as you have disowned your son and you are not responsible for his court related issues. Secondly if the current property where your resides with you are in your name then if DIL files any right to residence case there then the damage is minimum and her residence rights claim will shift to the place where your son has moved and you old parents will have some short peace of mind in hand.

4. He having met to her payments of some 90 K till date are evidence enough of his non-neglect even in desertion situation of his wife before court of Law.

5. Your son right now needs more moral and emotional support at this juncture than you old parents hence introduce him to regular professional ocal counseling and keep watchful eyes on his urge for suicide tendencies etc. Also introduce him to some creative pursuits in life. Donot get him re-married thinking she is not here......

6. Mutual Consent Divorce offcourse works best but then the moment it is spoken to DIL then monetary demands of DIL will sky rocket and unless a third person as neutral mediator introduced to make her reasoned on her demands, Mutual Consent Divorce does not work and hence filing divorce by your son first is an opportunity in disguise to initiate such mediation dialogue via Court instituted reconciliation / mediation meetings to patch up or end amicably their marital relations.   

7. RCR (restitution of conjugal rights) petition filing if suggested by others may not work here as you are not interested them to be together and on top if a woman is not living with her husband right from inception of their marriage i.e. from past 2.5 years then what good RCR proceedings will help restitute their conjugal rights and such decrees remain paper decrees as in majority of cases it shows when husband filed RCR petition. He already having met some 90 K bank debits are sufficient to show that he has not neglected his wife in S. 125 CrPC maintenance proceedings.

8. Since it is shown by your facts a DIL to be living in another city then chances are that once your son files Divorce in his city of residence i.e. Nagpur she may approach State HC (if both cities are in same State i.e Maharashtra) to transfer his divorce case to her current city of residence. In such case donot resist instead hire or request your son’s advocate to service the case in her city OR suggest State HC that your son is ready to meet travel expenses of hers to come to Nagpur Family Court to attend divorce case. However all these are much sooner than later scenarios part and parcel of what are coming to your son’s kitty.

9. Running away / hiding into some other city by your son is not option or solution infact they will create more miseries to you and to him.

10. People like you come here after exhasting social remedies and thus suggesting to talk to DIL / her parents are now gone stage. reason being in past 2.5 years either her parents would have known of her marriatal status or would have already got her married afresh takign her lies of past marriage hidden by now and thus your son would not have sent till date 90 K which you discovered up-to-date !

11. Donot make him realise that he has committed “big mistake”. Infact in my blunt opinion old people have committed mistake not to tell their children about gender biased laws as they being wiser than their children and to have cautioned their children’s "be careful whenever you decide to get married either on your own or with our blessing!!!”. However, show him the path as suggested in some of the above paras and let him face the test of survival - growing up in society and just be there to support him after all he is your and flesh and blood.


Old parents have no other option other than some of the above suggested if they have made their mind not to introduce their DIL into their home keeping in view presented facts and situation of their son’s deeds and his sorry emotional stage. Enourage him to talk freely may be he is feeling guilt and afraid of you?

Also an NGO by the name Save Indian Family at
Nagpur (Branch) has a very strong vocal and local clout and are a free NGO for matrimonial issues for husbands / mothers and sisters of husbands side. One can always meet them at their free weekly meetings to take the matter forward and to receive emotional local support from other fellow husband victims of Nagpur Branch of this NGO and they come very effectively handy in case some criminal complaints gets filed on old parents as an illustration made aware to you. You may also consider contacting them locally and their help are FREE. Rajesh Vakharia is most active member of Save Indian Family NGO at Nagpur and it is not that till date you might not have read articles of his in local newspapers / seen debates on local TV on gender biased Laws!!!

2 Like

498-must-scrap (Manager)     07 October 2012

Thanks Mr. Tajobsindia & other experts,

 

I Discussed all with my son, They were working together in Same office then both Were fall down in love after they decided to get married But My son was thinking that time is not good to get married, she did pressure for marriage & She said just put the registration in court we will start our married life after 1 to 2 years, & they both got married infront of her relative in Nagpur Court, They are discussing on phone, from last 1 years He realised he was wrong because her nature has been changed they always fighting on phone by lots of small things because misunderstanding between them, she is saying to son she never loved on you, she had BF before my son and he broke relation with her thats why she loved on him for forget ex-BF because she was in shocked, after listening this all, My son not agree from heart to live with her, I never Put pressure on my son. they dont have any child but he agree they had relation 4 to 5 times before marrige also but from last 1 year they din't meet face to face. Now her parent also not agree for arrenge marrige with all hindu formalities at this time they all saying we don't have money for arrenge marrige, if you want to bring her come to our home and bring her. 

I can Bring her if my son will happy but I dont think this, he just saying ( Mummy & Papa muze maaf kar do, maine aap logo ko dhokha diya). and constantly crying, 

she always Use of abiusive language  about our family also excessive, her nature is too critical for my son also my family,My son said he have transfered near about Rs.1 lacs for her education she always demanding money in the name of her education, Now I'm totally afraid due to this issue, 

I have 1 question Can I take any legal action on girl & her relative ?

 

Please help me and advice 

498-must-scrap (Manager)     08 October 2012

Please anyone suggest me, also I need Lawyer in Nagpur for this case, How I will secure our self. Please someone help me

498-must-scrap (Manager)     09 October 2012

I would Appreciate If some one reply me on my question

Q:- Can I send Any legal Notice to girl & her Family ?

 

Please suggest me

What is in the name ( )     10 October 2012

Sudhakarji,

Please read Tajobsindia's advice properly/thoroughly and try to follow it. You may identify and engage a lawayer either from this LCI website or connect with Save India Family NGO in Nagpur who may be able to recommend a local advocate who could help and guide you in your matter


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