Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Some one help

I got married 5 mnths ago under special marriage act since our marriage we used to stay seprate at our parents home but used to meet every weekend and spent time. register marriage was kept secret and was nt informed to any of our parents and family till nw. our marriage is consummated. last week my wife told me forget me and forget our marriage and she destroyed marriage certificate copy and told me to forget her nw we r seprate and stopped talking to me and answering my calls, sms n all. she also told me nt to disclose our register marriage to any one and never talk abt it to any one and we both sud get married to sm other person as per family choice like arrange marriage and later i came to knw she got engaged to sm other boy as per family choice. i went to her home and informed abt our marriage to her parents and they also told me to forget her and forget marriage. nw she is nt ready to stay with me and wants divorce frm me. as nw parents and fmly is supporting her fully. can u tell me can she ask interium maintance from me ? she did nt stay with me a single day till nw. she told me she will file dowry case against me and fmily and domestic voilance case against me under 498a. can she do it ? also she told me she will prove in court that i forced her or made fraud with her to get married. like maine usko fasake marriage kiya he she wants to say that. i dont want to give her divorce and make her run for divorce i am ready to it too. can u help me what should i do in this case. i already sent her notice for coming back and stay with me just this week.



Learning

 38 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     19 June 2013

Since she is not interested in staying with you and is already engaged to someone else, she will not risk by filing case against you for anything. If she is interested in divorce, let her file case.  She can claim maintenance only if she can prove that you are neglecting her etc. This is not the case. So she will not get any maintenance.

Adv Archana Deshmukh (Practicing Advocate)     19 June 2013

She may be just threatning you to compel for divorce. If you are ready to give her divorce then she may not claim anything nor file anything against you and your family. Legally you can file a petition for restitution of conjugal rights in the court, but if your wife has made up her mind not to cohabit with you and is engaged with someone else then, what is the point in doing all this futile exercise..?? She will be harrassed and run around the courts dats true but you and your entire family will have to face the same thing. Better way, arrange a joint meeting of both the families and discuss the issue and find out some amicable solution. If she is hell bent upon divorce the, wait till the completion of one year and file for MCD.


(Guest)

She did engagement but later said what prrof i have that she did engagement and later frm her neighbor i came to knw her engagement gt broken bt i am nt sure about it...also she is under pressure from her parents nt to marry me and should get married as per family choice in her cast...but till nw she kept all with me but suddenly in last 3 weeks she started behaving diff and brk relation with me...as she is 28+ in age may be her parents forcing her to get married asap to their cast boy and she never told me all this she kept all within her and to save her family reputation she brk relation with me and agreed for arranged marriage as per family choice but on engagement night i went to her parents home and told everything about our court marriage to her parents and Nanu. same time i came to knw she did engagement but right nw sitaution is like everything messed up with her and me nw she is asking divorce from me and i am nt ready to give her but relations between us r allmost over she nw dnt even answer my calls, sms or reply to chats. even tdy i am rdy to take her to my home and start my life but she is nw nt at all interested to come with me. she just wants divorce. i want to save my marriage anyhow bt they r nt rdy to talk to me. waiting for me to take action as marriage is just 5 months old. i want to get saved from 498a dowry as they can file false case againt me to force me give divorce or prove in court that i made fraud marriage or ask for interium maintance from me.


(Guest)

i am also trying to arrange a joint meeting but they r nt interested in it...i am ready to take her my home but nw she is nt rdy for anything...i need to knw from u that if she gets married to third person before taking divorce from me den what happens ? or after filing my petition in court for conjugal rights and case in on can she get married to third person ? if she does what can i do ? i dont want to give her divorce...since we r staying seprate from past 5 months n after 1 year of seprate stay can she file a case for divorce ?

Dr. Jyothi Vishwanath (Associate Professor of Law)     19 June 2013

If she marries without divorce, you can file criminal case for bigamy against her. If she marries again after your restitution of conjugal rights petition, again same remedy exists.

If she is not interested in continuing with you, instead of going to court and wasting time and money, it is better dissolve the marriage   

Adv Archana Deshmukh (Practicing Advocate)     19 June 2013

If she remarries without divorcing you then, it is an offence u/s. 494 IPC and you can file a complaint for that.

Anjuru Chandra Sekhar (Advocate )     19 June 2013

What family reputation she will keep?  She got married without the knowledge of her parents.  Marriage is also consummated.  What is the honor of her family if she is of that character?  Buraayi chupaake khandaan ke izzat bachaaya nahi jaasaktaa.  If she accepts you, then she has character.  She has no character if she does not accept you. (my comments on her based on what you have written taking them at face value). 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 June 2013

Dear Querist

you can only stop her to get married with someone, except this you can not do anything wrong against her but she can file many false cases against you and your family as you informed that she said like dowry, maintenance, domestic violence etc.

so as per my opinion settle the matter amicably and live in peace.


(Guest)

I dont want to give divorce to her and rite nw engagement is broken. i knw she is nw nt rdy to stay with me and wants divorce from me but i want to give her smtime to think abt our relation i am anyways ready to take her my home but rite nw her parents n fmly members are brain washing her nt to continue marriage with me and supporting her to get divorce from me as soon as possible but real thing is diff she is actualy under pressure from parents and she doent want to break relations with her parents if she stays with me. as her parents will nt talk to her if she decided to stay with me. so due to all this she is nw nt ready. here what i think if i fight for nt giving divorce to her may be there are chances she or her family may talk to her or may talk to me for a solution...so i want to save mt marriage anyhow. she can file false cases i knw but she will also have to face all as i wont give up till my last available option. what i need to knw is what grnds can she ask for divorce as she has no valid reasons or proofs to ask divorce from me. she only has one option to file jointly for mutual divorce after 1 year which i wont agree so she can only file case for divorce in court so need to knw what are her chances to get sucess...

Adv Archana Deshmukh (Practicing Advocate)     20 June 2013

If anyhow you want to save your marriage and do not want to give up, then instead of waiting for her to file for divorce, you file an RCR in the court. During the councelling sessions she may change her mind.


(Guest)
@ Adv Archana  : 
m under impression tht RCR is like a pandora box. gives reason for one who initially hesitate to initiate bcoz of social prestige. u knw better thn me.

@ Nadeem Qureshi :
with due respect, i like to inform u tht nw a dys all r very clever and this is a basic knowledge tht no one can remarry w/o divorce.

@ Need Justice :  @bhavin
  1. the question u shld ask urself is - do u need a wife and marriage on paper or in real?
  2. Let the answer for this question, be your guiding star.
    appreciate ur reply but feel it would be still better if you gave its solutions also.
                                     

@ Bhavin:
with due respect to ur true feeling.
our marriage is consummated - is it necessary to inform w/o asking. who told u. fail to understand u people say like u win some medals.
 marriage was kept secret and was nt informed to any of our parents and family till nw - whn both side come to knw.
 
nw she is nt ready to stay with me and wants divorce frm me. as nw parents and fmly is supporting her fully. - mean to say before they were agreed ???
 
i already sent her notice for coming back and stay with me just this week. - on one hand u mentioned tht she tore the certificate thn on wht ground u issued a notice ?
She did engagement but later said what prrof i have that she did engagement - court require proof.
...i need to knw from u that if she gets married to third person before taking divorce from me den what happens ? or after filing my petition in court for conjugal rights and case in on can she get married to third person ? if she does what can i do ? i dont want to give her divorce...since we r staying seprate from past 5 months n after 1 year of seprate stay can she file a case for divorce ? - seems u hv done very good ground work before coming to forum.
 what i need to knw is what grnds can she ask for divorce as she has no valid reasons or proofs to ask divorce from me - since u hv good knowledge, assume u must also aware of it women have find no such difficulty as men have to file a divorce.


(Guest)

when i went to her residence her parents come to knw from me but before going to her residence i also informed my parents den went to her residence next day i shown marriage certificate copy to her parents which i got in duplicate from marriage registrar office.

 

before they did not agree but her nanu agreed on terms that i should buy a flat and den her nanu will get our marriage done even if her parents nt rdy nanu will do everything required but later i said no as right nw can nt afford to buy a flat in a hurry of 2 months asked for time of 6-8 months but then they told me i am fooling them by asking moretime so later idea of flat was dropped from my side.

 

original certificate she had but she must have destroyed but later i went to registrar office and got 2 true copies of marriage certificate and shown to her parents and same used to file a NC and send notice to her.

 

i saw mehandi in her hands, foot, tilak in her forhead, decorated gate of her residence and her parents told me abt her engagement and she also replied me sms that yes i did sagai. but as of nw i came to knw from her neighbor that her engagement is broken god knws the reason as i dnt hv any idea abt it.


(Guest)

we r seprate and stopped talking to me and answering my calls, sms n all.
thn
 how it is possible - " she also replied me sms that yes i did sagai."

 

i saw mehandi in her hands, foot, tilak in her forhead, decorated gate of her residence and her parents told me abt her engagement and she also replied me sms that yes i did sagai. but as of nw i came to knw from her neighbor that her engagement is broken god knws the reason as i dnt hv any idea abt it.

is it not u actively behind this sad episode.


(Guest)

@liar

when i came to knw that she got engaged from her parents that time i sms her n asked u did sagai ? she replied yes thats it before that there were no replies to my sms sent in last many days... later i told her i am at ur home den she started sending me sms that go home, talk later, go nw n all...

also she did engagement in morning n gt broken same time but i went to her residence same day in the evening arnd 8.30 pm by that time everything was over but i was nt aware of it...but to save her daugther from me they told me wrong thing hat she got engaged today but the real thing was engagement brokn...later they told me we told u in anger that she got engaged even she told me same...and asked me to prove her engagement which i cant...but its for sure she did went for engagement but gr brkn but i am nt behind this for sure...


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading