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sandhya (abc)     15 March 2010

advise

i request all the members to pls adivse me that how to proceed further.... i got married in july 2009 in arya samaj mandir, marriage was attended by nobody from my husbands side, from my side my guardian was there. i am elder to my husband by 7 yrs my birth year is 1979 and my husbands is 1986. my husband since then is not ready to take me to my inlaws residence neither he wants to stay with me as of date. the background is i and he fell in love in 2007 he was in delhi for a study course and we had a understanding that after the completion of the course he will break the news to his father and we will get married. in between he wasnt well for quite sometime then we decided that he should move to my appartment and stay with my family(mom 65  yrs  dad 68 yrs and me). he stayed with me till june 09 2009. thereafter he went to his residence and spoke with his father about myself, father dint agree to the proposal he still insisted till october 2009. inbetween he had visited delhi my residence and stayed with me for two three days. after oct 2009 situation become worse he last visited me in dec 09 and said i cannot take you to my place rather this relation cannot continue now. now if i try to speak to him his family members dnt allow me neither my husbands mobile is on, he keeps it off. what should i do and wat kind of justice can i get if i approach court. he is at present doing his M.Tech still a student and i am working.



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 1 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

·        i got married in july 2009 in arya samaj mandir, marriage was attended by nobody from my husbands side, from my side my guardian was there.

·        Have you possessed the certificate from mandir?

·        i am elder to my husband by 7 yrs my birth year is 1979 and my husbands is 1986.

·        It is not a matter till the cheating case proved against you.

·        my husband since then is not ready to take me to my inlaws residence neither he wants to stay with me as of date.

·        hesty, not clear, what he wants to say & why he is flying from the matrimony. The reason should come out in writing.

·        the background is i and he fell in love in 2007 he was in delhi for a study course and we had a understanding that after the completion of the course he will break the news to his father and we will get married.

·         – it’s a promise which he bounds to keep; recently SC rules out that, failure of such promise is amount to rape

·        in between he wasnt well for quite sometime then we decided that he should move to my appartment and stay with my family. he stayed with me till june 09 2009.

·        Very fine

·        thereafter he went to his residence and spoke with his father about myself, father dint agree to the proposal he still insisted till october 2009.

·        Means he had a difference in opinion with his father on your marriage.

·        inbetween he had visited delhi my residence and stayed with me for two three days.

·        Is it after marriage or before marriage? Whether he established s*x relationship with you?

·        Both of your concent was there? Only his concent was there? Only your concent was there?

·        after oct 2009 situation become worse he last visited me in dec 09 and said i cannot take you to my place rather this relation cannot continue now.

·        It seems to me that you have you compailed him for taking yourself to your in laws, if so you should not do it. Might be your inlaws was strongly oppose such marriage. Naturally he felt problematic to keep the relationship continuing.

·        You have the right to conjugal rights. Social relationship with inlaws does not come under the conjugal rights.

·        now if i try to speak to him his family members dont allow me neither my husbands mobile is on, he keeps it off.

·        Do not speak with him. Approach the court for the next course of action.

·        what should i do and wat kind of justice can i get if i approach court.

·        (i) you may apply for maintenance as he belongs to a big earning family. (ii) you may apply for restitution of conjugal rights, but the problem is – divorce might be an end of such petition. As you marry him he is bound to maintain you, but as he belongs to a rich family which is an Hindu undevided family; having ancestrial property; by virtue of marriage you have the right and share on it. Might be your inlaws trying to deprive you from that property. (iii) may demand residential right, under dv act. (iv) tough to establish 498a – but may try. (v) as his wife you may bring a hevious corpus (at high court) – against your inlaws; as well as the college administration. – under this petition, police will trace & find him from absconding or if he is under the illegal capture of your inlaws, unwillingly. (vi) may brought a rape case; case of illegal s*xual exploitation, by him.

·         he is at present doing his M.Tech still a student and i am working. He is coming from a

·        See (i) & (ii).

·         my inlaws say do whatever you want to do we will reply you back ( they must be having some political connections) my husband and inlaws want divorce which i dnt want to give what should i do pls advise.

·        As they challenging you; you may accept it.

·        my husband was aware of all the situation at my end my age status everything neither we hide anything since he was staying with us for two years. can i ask for Conjunal Rights and if my husband doesnt stand by the same what would be the options left.

·        Very good. Yes ofcourse.

·        am i eligible for maintenance which they will say he is a student. my background is i am the earning member and i belong to a lower middle class family, no bro and sis my father and mother are not working they are in their 65s.

·        yes.

·        i want atleast i should once get a chance to stay with him.

·        Rcr.

·        what all allegations they can file against me. incase my husband file's for a divorce and i donot want to give what are the options left. can i contest the case and for how many yrs the proceedings can go( rough idea).

·        It is better to file your complain at court or at police before his divorce petition.

·         can my inlaws exercise thier political pressure in the case.

·        No use. See s p rathore case. 

·        As you are hindu, married uder hindu marriage act under the hindu marriage act, vide arya samaj mandir, therefore only hindu marriage act will apply. No other act. It is very sure. Wish you good luck. Let us know about your next step.


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