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kamlanth (sse)     20 June 2013

Wife returned home after two days of marriage

Dear All,

My wife was forcibly married to me by her parents so she do not want to stay with me. She told me on very first day after the marriage that she wont accept me her husband ever so she returnd to her parents home,since then she never returen . There after we had so many conversation with her parents but all the time they put false allegation on us as we beat her up, asked for dowry and my family behaviour was not good to her so she wont come. They send police to our place many times and threatening us to drag in false cases.

They actually want to keep her with themself as she dont want to come until she herself willing to stay with me.

Whenever I talk to them they put allegation on me...marriage was took place 1.5 years back.We did not have any physical relationship so far....she did not let even touch her during her stay...

 dont know what to do...I spoke to her relatives they told me that her exception is too high from husband , she wanted a husbad who is very rich, out handsome, younger then her and a luxirius life . so she doesn't need to do any thing...like job, household work...etc as she never did not do the same at her home.

regards

Kamal



 15 Replies


(Guest)

File for annulment of marriage under s*xual impotence and cruelty due to denying of s*x for 1 and half years.The facts of the case speak for themselves.No judge will believe that you created so much cruelty within two days of marriage.It is clear that your wife don`t like you,hence left marital home.Alternatively if you wait for 6 more months,you get additional ground of desertion.

dv (ghvhb)     20 June 2013

As per madras high court judgement you are not married , also you can file for annulment You can also use grounds like desertion cruelty as there is no conjugal relationship and you can also file for rcr But don't file rcr because if she comes back she will take her revenge and file false cases of dv or 498a . Beter go for annulment. I am not a lawyer or expert but a victim So seek guidance of lawyers and experts here or in person but don't sit like a duck . All the best.

ragz hyder (PM)     21 June 2013

What judgement are you talking about can you please post it? what does it state essentially?

 

dv (ghvhb)     21 June 2013

Its a recent judgement and is in controversey ..look back early this week on the forum and youwill see it Iir check news papers or google . I cannot copy paste as I use a cell. It states that even though a couple is not married but once s*xual relations are there it signifies marriage . My words may not be in tandem but if s*x is absent from marriage then the law sees it as a fit case of annulment. There are lots of judge ments by justice honorable mr dhingra and also by hon.judge roshan dalvi of mumbai hc . You have to search and you eill find lots of judgements. @ kamal if you have any of your wifes belongings hire a kawyer and make a list .give it to the police station and send her a notice 9f the same before filing for annulement as you don't want retaliation with false cases from her. Let experts on th8s forum and lawyers guide you about the lawful and correct procedure.

Sudhir Kumar, Advocate (Advocate)     21 June 2013

but you should have good home work.  You try for mutal divorce or hve sufficianet material for refuting dowry demand allegation.

sridhar pasumarthy (ADVOCATE)     21 June 2013

Before approaching the court, try to collect some evidence to substantiate your case else you can't get relief.

kamal (Advocate)     21 June 2013

1)First forget her and approach a good lawyer near by you then  file a police case on her parents that they forced and did  her daughter to get married to me    so she do not want to stay with me left away marital home after two days.

2)Immediately try to collect some evidence  and prepare your kith and kin  to substantiate your case as you said she lived for two days with you.

3)Don't let her allow to come back  your home otherwise you and your family members may face so many hurdles. if she comes back she will take her revenge and file false cases of dv or 498a.Its simply waste your time and money.

4)Don't waste your time to file a case for annulment of marriage under s*xual impotence and cruelty due to denying of s*x for 1 and half years.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 June 2013

I completely agree with Mr. kamal (Adv)

Prashant Ghai (Advocate) (PrashantGhai.com)     21 June 2013

I'll advice you to simple approach the family court and get your marriage annulled on the ground of refusal of s*x which amounts to mental cruelty. Also, you may not be able to take desertion as a ground under the Hindu Marriage Act if you file the petition before the completion of 2 years, but you may mention her desertion with respect to how it caused you mental cruelty as you were ridiculed amongst your family, friends and neighborhood. You may check out the recent judgment for the same on my website.

 

advocateprashantghai.com

Navjot Kumar (Lawyer)     21 June 2013

i am agree with Mr. Kamal Opinion

kamlanth (sse)     21 June 2013

Thanks All for quick reply.

marriage anuulment is one of option suggested me earlier as well.

But the issue with that how I am going to proof she refuses for s*x, during her stay at my home she was not even bothering to talk to me or established even a verbal communication with me (when ever she wanted to say anything to me she just knock the table) so I do not have any proof, she gave me fake emails ( never read ) and phone number which most of time switched off, when I asked her parents to let me talk to her they simply make excuses like she is in bathroom or outside or they are out side and so on.

I do not have any proof of her desertion....except few convesation with her father where I was asking her to send her back.

on filling marriage they will definitely file 498a and others cases on me.

kamlanth (sse)     21 June 2013

Please dont forget she also made police complains stating me and my family beat her up, asked for dowry, locked her in the room over night...(the reason they toldl me for her desertion and they can not send her as they fear this will happen again)

though they have not done any medical check up of her (my assumtions only).

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     22 June 2013

According to me anulment is not possible as the same must invoked before completion of one year of marriage. Now you say it is almost more than 1.5 years of marriage, so just go ahead and file a restitution of conjugal rights petitions. You will be protected from all sort of threats for your in laws, police complaints etc. Since she does not want to join, she will be compelled to come out with the truth and agree to give you divorce. You can negotiate in this case with them on not giving any alimony, withdrwal of all the allegations and signing of mutual consent.

Suhail SHahbazker (Society member)     22 June 2013

A Similar case (same situation) was favoured in the case of husband at Thane Court in the matter wife filed case against husband Mr. Anis under 498 but wife claim compensation in Bandra COurt and court granted in wife's favor . The husband filed appeal in the high court challange the said order, the high court increased the maintenance in favour of wife and the SUpreme Court also confirmed high court judgment favoured the wife for increased maintenance. 


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