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Anwar Javed (Team Manager)     01 September 2011

What to do?

Hi,

I am 28 years guy belongs to muslim family living in Delhi, I am in love with a hindu girl aged 23 years, We married on 30th March 2011 according to Hindu Marriage Act (after conversion), We registered the marraige from Ghaziabad same day. 

She told her parents on 16 July, & they told her, if She goes with me, they will commit sucide. I filed a case aganist her parents  in Delhi High court on 27th July, But I lost it because, She said, She have no pressure, & want to live with her parents. 

We have no contact till date, Her Parents won't allow me to talk to her, She didn't try to contact me either, On 17th August, He forwarded a formal email, I don't know whether she want to come back or not, But She tried to contact me.

 

I don't know what to do, Please suggest me?

 

 



Learning

 13 Replies

Chetan Singh (SE)     01 September 2011

Hi Anwer,

Take the help of local police of your area and show him your marriage certificate.
Police will help you in this matter first. And try to meet her with help of close friends.

Anwar Javed (Team Manager)     01 September 2011

Hi,

Her friends are not able to contact her, They don't want to go to their house as they are worried about themselves, If I go to police, What complaint I need to register?

Can I file a case against her to come, & live with me?

 

Chetan Singh (SE)     01 September 2011

Yes, you can show your marriage certificate to the police and they will help you come back with you.
You need to tell the story that her parents are not letting her go with you. They are doing emotional blackmail to her.

This would your first step , in case of this failure you need to apprach to the court with the help of good lawyer
and put cases like 125 act,section 9, RCR whatever best suits to your case.


All the best.

Anwar Javed (Team Manager)     01 September 2011

Hi,

As I said above, I already filed a case in High Court, But I lost it, She tried to contact me last month.

Chetan Singh (SE)     01 September 2011

you need to take that girl in confidence first. Then only others can help in that matter.
If she is denied then case will become difficult.

Anwar Javed (Team Manager)     01 September 2011

Hi,

 

I wasn't able to talk to her, met her from last month, How do I do that?

Adv. Chandrasekhar (Advocate)     01 September 2011

As you filed the case in H.C. and lost it and as you do not find any mode to contact with her,the legal remedy available to you is to file Restitution of Conjugal rights case against her in the District Court/Family Court.  The court will give notice to her and you will get opportunity to talk with her alone in the mediation.  There you can find out her true intentions and future plans.  According to that you can chalk out your future plans.  As your marriage is duly registered, her parents cannot go for second marrige to her without obtaining divorce.

It is very important to know how your conversion has taken place from muslim religion into hindu religion and where your marriage is registered. 


(Guest)

Yes i agree with Adv Chandu, instead of going to police or doing/ waisting any more time, better to file u/s 9 in the competant court and then talk her, as if still she don't want to live with u then she has to take formal divorce befor the court as mearly get away/ or ignorning u is not the perfect solution.
 

Anwar Javed (Team Manager)     01 September 2011

Hi,

Mr. Adv. Chandu, Where is ur office right now, Can I contact u by phone?

Shastri J.K. (Practice in The High Court of Chhattisgarh)     01 September 2011

I f your marriage is duly registered,it will better to file u/s 9 of H.M.Act before the competant court. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 September 2011

DEAR ANWER JAWED

AS PER YOUR INFORMATION

AS U SAID THAT YOUR MARRIAGE IS REGISTERED UNDER SPECIAL MARRIAGE ACT, IN GHAZIABAD AND UNDER HER PERENTS PRESSURE SHE IS NOT WILLING TO LIVE WITH YOU, AND HER PARENTES ARE NOT READY TO ACCEPT YOU AS SON- IN -LAW, NOW YOU CAN FILE A PETITION AGAINST HER FOR RESTURATION OF CONJUGAL RIGHTS AND ALSO FILE AN COMPLAINT IN YOUR DEFENCE AGAINST HER PERENTS.

FOR FURTHER CLARIFICATION OR ANY OTHER ASSISSTANCE YOU CAN CALL ME ON MY MOB. 9953809956 AND WRITE TO ME ON nadeemqureshi1@gmail.com

Saurabh..V (Law Consultant)     01 September 2011

@Author

 

Filing na RCR is the only option. If your wife sodes not return to you within 1yr then you will have the option to divorce her on the ground of desertion.

 

Also this would help you realize that the girl made a decision to marry you in blindness of infatuation not love.

 

//peace

/Saurabh..V

Democratic Indian (n/a)     02 September 2011

Yes file RCR and in meantime try to communicate with the girl by some means, to know her free will, like through her friends, servants/maid servants etc. working in their house. If she goes to attend some classes, you can try to communicate at that place.

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