Preeti (Manager) 02 February 2011

Married one day, desserted next day by the wife

One of my relative got married in a hurry as he had limited holidays. On the marriage night, bride told her in-laws that she is in love with some one else whom she cannot marry for quite some time. When her family forced her to marry she could not say no (out of several reasons) and that she could not remain with her new husband as a wife either. She wanted to run away next day. Her family was informed of the matter. But because of society, girls family don't want to take the matter to the court. What can this boy do when he won't get the divorce or annulment. This boy is NRI. If he don't come back to India or contact this girl's family for one year and neither this girl agrees to compromise or contact this boy - what will happen then?

This girl is stubborn and said that If she will be forced to go back to her in-laws she will commit suicide. I don't understand her frame of mind at all. Bride's family at all costs want to hush-hush the matter. Girl wants to buy time and she will get that and she don't like this boy either. This boy cannot trust her anymore now. Before marriage when he asked her she completely gave different answers. Later she told him that she don't have any passport or don't have any intention to go abraod also. He even talked to her family later, then they agreed to write mutual consent of annulment on stamp paper that this marriage never existed. marriage took place in village where they have reputation. But this annulment is not valid lawfully. They said that the boy is free to marry again. This boy is very innocent and excepted that as true. But later he came to know that this annulment is not valid.

If this boy file for divorce - then brides family can get furious, as they don't want people to know about this. where he can file for divorce if their relatives or friends should not come to know?

What if they will force this girl again to compromise. Then she will tell lies to this boy and make her in-laws life a living hell out of revolt. This boy wants that she should divorce him and wait for this other boy to marry her later.. but then her own family don't want that. how complicated this is.

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4 Replies

Tajobsindia (Senior Partner ) 03 February 2011

@ Author

Solutions if chased genuinely then they all painfully exists within the ambit of current Family Law platform.

Summery: What I read down from your post is that the girl is remorse to her new life and still infatuated into found memory of her old flame ! On the other side the boy is projected simpleton and cautious and is feeling aware of safety, security and well being of his side of ‘family’ during all these social misfires.

So where does all these lead to;

Suggestions:

First seek trust of girls family and encourage them to file criminal intimidation read with minor injury to girl complaint before jurisdiction PS case. Similarly the boy side may also do the same against the girl and her side. This would be a scenario of a ‘cross case’ between just married couple in a hurry for divorce (off the records obviously)!
Now, ask them to approach Family Court ‘jointly’ and file Divorce under S. 14 (1) HMA and show above para ‘exceptional hardship’ and seek divorce on fast track way. Here a exceptional family court lawyer with criminal bent of mind may come as great asset ‘jointly’.
There may be little litigation expenses spent and offer voluntarily some ‘compromise’ money for keeping the trial courts material records ‘unchallenged during entire phase of S. 14 (1) HMA hearings” by either side.
And during above pleadings one of the party should insist for a shorter date for ‘mediation’.
So in all above short and sweat quotes and unquote you have fulfilled all present ‘conditions’ as laid down by SC till date on similar cases and thus you both get decree sheet soonest.

PS.:
Now, after above gyan I donot feel safe and expect volley of replies from more legal pandits here but that is the only way out for a girl who does not want to leave her old flame and alleged to have been cheated this boy and for a boy who is NRI and is in a hurry to resume his overseas trip back safely.

Oh, I am open to further education on this post so shoot your best reasoning…….

2 Like

Ambika (NA) 03 February 2011

" I do not feel safe"--very hilarious!

PRNarayanan (Regional manager) 03 February 2011

It is simple as that If a husband and wife does not live together and does not lead a married life , their union as husband and wife ceases.It is as good a divorce. No legal term can force or make them united.

A NRI have lot of ways to get a divorce of girls who does not live with him as his wife.

Peculiar circumstances in this case is both the boy's side and the girl's do not want public to know about the divorce , but they don't mind about the public knowledge of the couple [their children]not staying together from the next day of the marrige .

I would say the parents are spoiling their childrens youth period of marriage life in their life span. give way for the children to go HAY with the vigor in youth.

[who knows what is the span of life]

What Legal action / remedy : IS IT to be against erroring parents .... ? or the young ones who wish to enjoy their life as they prefer . both the youngesters are above 18 years of age . Who can prevent them of their liberty .

To Hell with the false prestige .

i suggest both girl and the boy to get married on their choice by serving mutual exchange of letters agreeing each other for their joint proposal. THIS IS VALID UNDER LAW FOR THEM TO MARRY AGAIN . if need be again and again on mutual agreements. This arrangement and agreement is discreet by which the much sought false prestige of parents are held in their doors.

Preeti (Manager) 03 February 2011

Thanks,

Latest development is that the boy who abroad now, cannot come back before new vacation is assigned. that can be 6 months-one year. When he contacted the girl family on phone. They told him that the case is closed from their side. He is free to marry abroad. how can this be possible. If girls of indian origin for marriage were available abroad before he would never had married in india. Girls abroad perfer white man or indians with large bank balance.

How long can he wait if this family refuses to go for mutual divorce? We know that this girl is living alone somewhere and not with the family.

Can waiting will weeken the case or strengthen the case? The boy never deserted the girl, it was girl who left the boy and told everyone that she will never go abroad. she never wanted to. Nobody can force her to that either.

Boy's life is screwed now - he cannot marry again in India and neither there is any hope of compromise from girl's side.

Can he apply for ex-partee divorce now or after some time without marriage certificate or anyother proof in the world. All the proofs like photos or video are with the girl's family.