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Mrs Jasvir Bath (ab)     30 September 2011

Young couples divorce

My niece got married about 4-5 months ago. But now the boy is accusing my niece of not not being smart or having any manners. She is 21 and the boy is 25. Both families researched each other respected families but found nothing too unusual. The boy, we have discovered now was with another girl when he stated he was going away on business. We have been trying to resolve this situation but the boy refuses to accept her back. A panchat was called for mediation but have declared nothing is wrong with my niece. We are not very rich so organising the marriage has left us in a very tight situation. We are researching the law for this kind of situation and would kindly request any help.

Thank you.



Learning

 42 Replies

Democratic Indian (n/a)     30 September 2011

It does not appear to be a legal problem, it appears more of problem requiring marriage and psychological counselling for the boy. If he was in love with another girl, what was the point of marrying this girl. If divorce is desired by the girl then talk with some good advocate dealing preferably in criminal and marriage laws, so that matter can be proceeded accordingly to get the desired results.

(Guest)

Nobody can be forced to live with a person whom he  doesn't want to live with.So  law also can not force him.

What his family members say about this??Before taking any legal steps talk to them once more.

otherwise law is threre.

1 Like

Alok Tholiya (self employed)     30 September 2011

Sad story where a confused person having illcit relation has cheated innocent girl and now finding problems in manners etc.. There is a problem with the boys character, intigrity and law must teach a good lesson to him for being a cheat and spoiling happiness of family of both side.

2 Like

M.A.T.Ganesan (lawyer civil &family laws)     30 September 2011

try to unite. if not, don't force them
1 Like

Adv. Chandrasekhar (Advocate)     30 September 2011

I go with Mr. Alok Tholiya.  This boy requires strong criminal law treatment for treating this innocent girl of 21 years within six months of marriage.  Why I suggest criminal law, more particularly section 498-A is because, he treated her with mental cruelty by saying not nice things about her to cover up his extra marital relationship.  Section 498-A also talks about mental cruelty unconnected with dowry demand. Once I suggest Section 498-A, some people like vultures crawl around me saying several things including "legal terrorist".  The people who invoke Section 498-A to protect such innocent girls are not legal terrorists, but the people who protect such boys are real terrorists.  Such boys should be treated very harshly with all legal power that is available under Indian statutes and once they will be put behind the bars, they become smart and good mannered and they stop to abuse their wives not smart and not mannered.

Once this boy will be put into the rigours of criminal law machinery, he stops to play with girls' emotions and never try to cheat another girl.  He learns the lesson of his life or reach the bandwagon of the people criticising Section 498-A and come on this forum saying that how his wife filed a "fake section 498-A" case. 

Every one knows that no force on earth can force the unwilling couple live together.  That does not mean that erring spouse should be left to go scot free to play with the emotions of the opposite s*x.  Just leaving the boy to do whatever he likes by accepting some amount to compensate the marriage expenses and not invoking criminal law is crime against that victimised girl and other potential victim girls.

Hope the best for the girl and the worst for the boy. 

2 Like

(Guest)

@ Chandu sir

Once I suggest Section 498-A, some people like vultures crawl around me saying several things including "legal terrorist".  The people who invoke Section 498-A to protect such innocent girls are not legal terrorists, but the people who protect such boys are real terrorists. 

you have said the very truth.Thanks.

gaury..fight to win (Education)     30 September 2011

your replies really gives me strength Chandu Sir.

My case is getting longer day by day.As my husband files a new petition in evry 3rd /fourth date.lastly he applied to transfer my case to CJM court.Now CJm has called for my case records and will decide .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 September 2011

MY COMMENTS ARE UNCONNECTED WITH THE ORIGINAL POST HERE AND REFERS ONLY TO THE COMMENTS OF ADV. CHANDU.

 

 

Ld Adv Chandu,

 

Mental Cruelity of which nature is mentioned in 498-a?

 

Is it a fit case, where women is driven towards suicide or cause grave injury to life or limb?

 

BY YOUR LOGIC, EVERY MAN WHO HAS FILED FOR DIVORCE HAS INFLICTED MENTAL CRUELITY ON HIS WIFE AND SHOULD BE CRUCIFIED.

 

I AM SORRY, YOU ARE SADLY MISTAKEN. 

 

WOULD 498-A SAVE THIS GIRL?

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

(Guest)

 

 

WOULD 498-A SAVE THIS GIRL?

 


SHONEE SIR,

498A WILL NOT SAVE THIS GIRL AS THIS GIRL IS ALREADY RUINED BY HER HUSBAND.BUT IF SHE FILES 498A THEN SHE WILL SAVE AT LEAST 10 MORE GIRL FROM BEING VICTIM OF SUCH INJUSTICE.

Democratic Indian (n/a)     01 October 2011

Originally posted by :Democratic Indian
" It does not appear to be a legal problem, it appears more of problem requiring marriage and psychological counselling for the boy. If he was in love with another girl, what was the point of marrying this girl. If divorce is desired by the girl then talk with some good advocate dealing preferably in criminal and marriage laws, so that matter can be proceeded accordingly to get the desired results. "

At the moment it appears to me that an attempt can be made to do some marriage and psycholigical counselling for the boy, so that he comes out of his dreamland of fantasy into the real world. Elders of both the families can also try to make good sense prevail in him. If he fails to become sincere and see sense and countinues to inflict mental torture(which may drive the girl towards suicide), it may become a good and fit case for 498A IPC.


It is my personal observation and experience that mostly were the boy and his parents feel that the parents of the girl lack financial or muscle power to support her, this kind of irresponsible behavour that causes mental and physical tortures starts happening.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 October 2011

Goodgirl Mumbai,

 

I would tell you one thing, which I feel but don't state so much.

 

REGARDLESS OF HOW LAWS ARE SKEWED IN FAVOR OF GIRLS. THE INDIAN SOCIETY DEFINATELY IS MALE DOMINATED.

 

Girls loose much more by filing false cases than men. And by the time they understand this they are greying.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: My fav lines:

Most matrimonial cases are sorted outside the court only

For wise: Without going to court

For Normal Intelligence People: Within Six months of going to court

For Fools: After six years of litigation in court

 

Here wise and intelligence should exist on both sides, however fools on one side is enough to prolong the litigation beyond any limits.

 

1 Like

(Guest)

 

Shonee Sir ,

in your opinion what the girl of this thread should do to be a wise girl??

What she should do after 6 month of litigation to be normal intelligent?



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 October 2011

Sit across the table and find amicable solution.

 

Amicable means friendly. It doesnot necessarily means parting. It can be reconciliation as well.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: When two cats fight, monkey gets the cake.

Aishwarya (Teacher)     01 October 2011

yeah cases n all lead no whr..best is to get along or apart with dignity and respect

and later, love if the case is former thts being along..


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