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madan mohan nagar (orthopaedic surgeon)     04 May 2016

The hindu marriage law

my daughter recently married with the provision as in Hindu marriage norms , her husband talks on mobile to some lady said to be his old batchmate this long session of long term talk continued even in late night hours he is not giving any due time to his wife and says that he will never accept her as his wife also said present marriage is forcefully done under pressure by his parents, my daughter was mentally and physically tortured by his husband as well as her mother in law forced for household work also denied to permit her Ph.D. course which she wants to continue also did not assisted her to get medical treatment when she was suffering from abdominal pain one night her husband also not interested (?capable of) in s*xual relationship, my daughter returned home after few days of marriage because of her torture and behaviour of her husband and in laws, later her husband filed a case U/S 9 of Hindu marriage acts for restoration of his conjugal rights 1- what are the options available to us 2- can my daughter ask legally for medical tests of his husband like VDRL,HIV,Hepatitis B and C,also about his competency of s*xual acts, if yes how 3- they have not allowed taking her belongings,ornaments,stree dhan and even clothes to bring back,what should be done and how.?? kindly give your valuable advice THANKS, AND REGARDS


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 5 Replies

Mukesh sharma (job )     04 May 2016

Hi sir you need to file case in  IPC sec. 498a for mental and physically torture and demand for dowery.

you file case in hindu marriage act for null marriage  file case for divorse help good famliy lawyer he help you best provide best solution on your case 

thanks 

1 Like

saravanan s (legal advisor)     04 May 2016

As far as the rcr is concerned you can put forth the facts as to why you are not ready to join him in the matrimonial home.if you can convince the court then the rcr won't be allowed in your husband's favour.since it's a forced marriage Court can be approached for nullification of marriage. As far as the sreedhan recovery is concerned you can file a case of criminal breach of trust.
1 Like

Laxmi Kant Joshi (Advocate )     04 May 2016

If your daughters husband and mil torture her physically and mentally then gather the proof of it, like medical treatment record, any police complaint against them, neighbours statement in her favour for torture her etc, and file 498a, dv and dowery harassment, beating cases upon him, regarding rcr case tell each and every thing to the court about his incapability to s*x, force marriage and get the case in your favour and move for making nullyfying the marriage on above said points, thirdly if he is not returning the stridhan to your daughter then file a criminal case u/s 406ipc against him, he will returned you every thing of her stridhan .
1 Like

madan mohan nagar (orthopaedic surgeon)     22 May 2016

I am highly grateful to kind reply and valuable suggestions MUKESH SHARMA, SARAVANAN.S, AND L.K.JOSHI SIR

kindly continue your blessings.REGARDS.!

madan mohan nagar (orthopaedic surgeon)     22 May 2016

I am highly grateful to kind reply and valuable suggestions MUKESH SHARMA, SARAVANAN.S, AND L.K.JOSHI SIR

kindly continue your blessings.REGARDS.!


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