Complaint against girl's parents after court marriage
Shiv Balak Shaw
(Querist) 06 November 2015
This query is : Resolved
Dear sir,
I married a girl through Special marriage Act in May 2015. Suddenly Her parents have known about it and sent my wife somewhere else. Now please help me how to get her out.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
Go to thana.
Ho to high court file heabus corpus and contact an advocate for the same.
But be sure that your wife now does not turn back and give a statement that she voluntarily left you to avoid torture anddowry demand.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
If you want comprehensive advise on this complex issue then give full facts.
If not giving facts then I have given you best possible reply in response to your riddle riddle.
Shiv Balak Shaw
(Querist) 07 November 2015
I haven't talked my wife for 2 months. I don't know what's going with her.
alexander
(Expert) 07 November 2015
Expert Sudhir Kumar ji has advised you correctly.
- Lodge an FIR with the local Police Station.
- Put in a Writ of Habeas Corpus with the High Court
Things should become clear in reasonable time
Is it an inter-caste marriage then If you are living in the "Khap" dominated area take adequate safety precautions for yourself and your close family members.
Sudhir Kumar, Advocate
(Expert) 07 November 2015
You have not met her for past two months and she can be well influenced by parents (which happens in many cases)
be sure that your wife now does not turn back and give a statement that she voluntarily left you to avoid torture and dowry demand.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 07 November 2015
I appreciate your agony.Be patient n do the following
1) If u r sure n she is above18 as also your wife will not
Support u, file FIR
2) File Writ I H C
3) if u r Mumbai contact 9869400938
Shiv Balak Shaw
(Querist) 08 November 2015
I'm from Kolkata Patil sir. I want to ask another thing that what will happen after lodging FIR and file in H.C?
Dr J C Vashista
(Expert) 08 November 2015
Contact Mr. Devajyoti Barman, an expert on the subject and a member of this club; he is practicing advocate in Kolkata (Calcutta High Court), very competant lawyer to advise you properly and proceed in a professional manner, as you desire.
Rajendra K Goyal
(Expert) 08 November 2015
Agree with the expert Dr J C Vashista, consult expert Devajyoti Barman at Kolkata and proceed.
Shiv Balak Shaw
(Querist) 08 November 2015
Please give me his contact number.
V R SHROFF
(Expert) 08 November 2015
WP IN high court file heabus corpus
alexander
(Expert) 08 November 2015
There is something more than meets the eyes!!!.
(a) Why did you go for Special marriage act 1954
(b) Are you both of the same religion
(c) How is that her parents suddenly got to know of your marriage.
(d) you both must have planned the marriage and given one month's notice. i.e Your name must have been published by the Maerriage Officer Your witnesses must have been kept in the loop.
(e) How has you5r wife been sent somewhere else. Was she forced against her will or she went away on her own willingly
(f) When were you married, when did your wife's parent come to know of your marriage, How did they come to know about it. When did they sent your wife elsewhere . Were you and the parents staying in one town. What do they want from you
(g) File a report with a Police station giving all the facts known to you.
(h) Wait for a few days after filing the FIR and if you then you don't get any satisfactory answer , file a WP with the High Court. Tell all the facts to your lawyer and take his advice
Shiv Balak Shaw
(Querist) 08 November 2015
Please tell me the subject for lodging an FIR?
Sudhir Kumar, Advocate
(Expert) 09 November 2015
"We were married in may of this year.We both are from same town and live with our parents."
Another case of making marriage a joke.
Well earned suffering.
Shiv Balak Shaw
(Querist) 09 November 2015
Excuse me Sudhir Sir. I'm not joking. It's an extreme situation I'm facing right now.
SAINATH DEVALLA
(Expert) 10 November 2015
Dear Querist,
At the first instance go to the concerned police station lodge a complaint that UR legally wedded wife has been kidnapped by UR inlaws.(enclose a copy of the marriage certificate)U R already late as 2 months have elapsed.Contact a good lawyer or as suggested by Dr.Vasistha, before going to the PS.Once the FIR is registered file a Habeas Corpus petition that the wherreabouts of Ur wife are not known since 2 months.
Sudhir Kumar, Advocate
(Expert) 10 November 2015
you said
"Excuse me Sudhir Sir. I'm not joking. It's an extreme situation I'm facing right now."
note what you said earlier.
"We were married in may of this year.We both are from same town and live with our parents."
This means :-
(i) you wanted to marry against parents' wish.
(ii) But unfortunately you have no courage to live such marriage.
you have seen such movies in cinema.
but you never knew that
a. in movies the actors speak scripted dialogue after rehearsal.
b. if action/dialogue is not ideal then there is retake.
c. for doing this they are paid in lakhs for shooting for few hours..
d. even if they have to survive as a couple without society they have to do so only upto shooting hours. So they can live this short period even without income.
e. after shooting actors go home and live their real life.
f. they stand to lose nothing if someone wants to imbibe such artificial reel life and spoil his own real life. they had been doing so from the earliest hindi talkie "Achhot kanya"
so what did you do?
(1) Got married
(2) kept marriage a secret.
(3) did not live together.
(4) knowing well that parents' of both will do anything to separate you you allowed them such opportunity by living separate.
SO WHAT IT IS IF IT IS NOT A JOKE OF MARRIAGE.
Sudhir Kumar, Advocate
(Expert) 10 November 2015
You asked
"I want to ask another thing that what will happen after lodging FIR and file in H.C?"
How you are sure that when coming before police or court she will not give a statement against you.
She can influenced to give N number of reasons for not willing to live with you.
Now the situation is that you are (as per records) already married and cannot marry another girl unless marriage is dissolved by court.
Someone will advise to file RCR. We3ll legaly you can do so.
BUT
(i) where do you sere notice?
(ii) how do you serve notice?
(iii) how does it happen when she responds that you demanded dowry immediately after marriage and she is not willing to live together and walked away.
Sudhir Kumar, Advocate
(Expert) 10 November 2015
SO FOR FURTHER ADVISE KINDLY COME WITH THE FACTS
WHETHER OR NOT YOU HAVE A COURAGE AND MONEY TO FIGHT IT OUT.
If you have courage & money then path is different for you
If you have no courage & money then path is different for you.
Both paths are painful.
Shiv Balak Shaw
(Querist) 10 November 2015
I'm against dowry and have never asked it to her. And I believe that she will give right statement.
SAINATH DEVALLA
(Expert) 10 November 2015
If both have been through true love with each other then nobody can stop her from joining U.
Sudhir Kumar, Advocate
(Expert) 11 November 2015
"I'm against dowry and have never asked it to her. And I believe that she will give right statement."
Many many persons may not have done any crime but they can be alleged so.
She had not been with you even on a single day and equally coward as you are so can be prevailed upon to say what others want her to say.
If you are sure (not known on what basis) that she will speak truth then may god give strength to your believe. the file writ heabus corpus in High Court.
K.S.Srinivas
(Expert) 12 November 2015
Agreed with Sri SAINATH DEVALLA.
