Divorce
Querist :
Anonymous
(Querist) 08 October 2011
This query is : Resolved
Respected Sir,
I superannuated from a PSU in Dec.’2010. In Aug.2009 I posted resume for marriage of my daughter (then pursuing PG in Retail Mgt. 3rd Seem) in Shaadi.Com. One NRI boy from Muscat staying in Mumbai for treatment of his ailing mother approached us with proposal which we rejected but he kept on pursuing my family including daughter to influence with all possible modes and even involved his parents too who contacted us for permitting them to visit India from Muscat for negotiations and his father came to us on his own on 18th Oct’2009.
The way he represented himself and keeping in view the opinion in general of my own people we could not deny and engagement was performed hurriedly on 29.10.2009 and marriage fixed up after the completion of daughter’s education.
Later his father visited again on 16.11.2009 before leaving for Muscat and stayed with us upto 19th Oct. only to get early date of marriage. We expressed our concern for her 3rd sem Exams. scheduled in Dec.’2009 and mandatory requirement of the completion of on the job training during 4th Seem to complete her Course. He then proposed to get her training arranged at Muscat itself in better way and perform marriage in Jan’2010 after her Exams.
However the marriage was performed on 20th Jan’2010 and Marriage got registered at my place on 23.01.2010.The couple stayed in India uptill 26.02.2010 (to attend marriage of my son on 09.02.2010 and also for getting Visa for my daughter) and reached Muscat on date.
The behavior of the boy from the very next date of the marriage was entirely changed with us and we could hardly get chances to talk to our daughter. The scenario was unexpected after their arrival a Muscat too. The real picture there as against the exposure given by them to us was just different & shocking for my daughter. On 7th March’2010 we got a call from her mother in law to call the daughter back home and on 17th March’2010 she was handed over an air ticket by her father in law with a sms to me to receive her at airport next day.
On 26th March’2010 her mother in law attempted to commit suicide with some inflammable material when the son & daughter in law were inside the home and husband was outstation. The mental torture to my daughter reached at the extreme when her father in law held her responsible for the incident and she ultimately busted out and insisted to send her back to India or she would cry & attract public & police. Ultimately she was given air tkt and dropped at airport and thus she alone landed in India on 2nd April 2010 barely with 2 pairs of apparels, her documents.
Later on 4th April we got a sms that her mother in law could not survive and expired in hospital on4th April’2010. We kept on trying to contact them, their relatives at Mumbai thr’gh mobile & net but no response and everybody kept mum. On 18th April they picked phone from airport and straightaway asked us to send them the divorce documents.
The boy has never responded to calls of my daughter and always her father in law comes in the way repeating the same demand of divorce. We have been trying to contact their relatives for mediation but no response since then and every now & then his father in law is calling with threats for divorce. Neither they are giving the reasons nor accept mediation.They are not ready to return her belongings, compensation or any thing lying there except few apparels sent through one of relative Mumbai.The boy has responded call of my daughter two times since April’2010 and sent one mail msg asking her for Divorce.
Now at this juncture when more than 18 months of their separation have passed we too have concluded that there are zero chances for any positive result hence thinking of divorce but due to being in small city, financial constraints besides un-predicted period for disposal of case ,lengthy process in judiciary and fear of social defamation, not getting solution.
May I request honorable experts to help & guide me course of action.
Thanks & Regards
Lakshmi
Arun Kumar Bhagat
(Expert) 08 October 2011
You are advised to file an application before the Chief Judicial Magistrate u/s 12 of the Protection of Women from domestic Violence Act,2005. There are many reliefs which your daughter shall get under this act. Regarding financial constraints, I will like to add that there are several NGO's which are working for Domestic violence where you can get free legal help like in delhi- Lawyers Collective, in Kolkata-Sutanutir Sakhya, Swayam etc.
Querist :
Anonymous
(Querist) 08 October 2011
Thanx a lot Mr.Bhagat.But may I know how we may get rid of this alliance with some reasonable compensation when they are neither ready to come to India nor willing for settling the issue with mutual consent which needs settlement on certain compensation matters prior to filing case in the court for divorce by mutual consent ?
Raj Kumar Makkad
(Expert) 08 October 2011
Mutual consent is the best way to deal with such situation. I advise you to involve some respectable persons having trust from both sides with full power from sides to decide the matter. Once such amicable solution is arrived, the only need shall be of mutual divorce which is not a big issue.
Querist :
Anonymous
(Querist) 09 October 2011
Thanx Mr. Makkad. We too desired an amicable solution instead of going or litigation. for that a personal meeting of both family heads is required in presence of some elder people . Besides my assurance to her father in law for his safe passage and return from India he is apprehending for case under 498 by us hence not ready to come from Muscat. alleging my daughter to be responsible for the death of his wife and running from muscat with valuables and raising finger on her character are the 3 charges he has been repeating in his calls and demanding divorce for his son.
None of his relatives are taking interest or coming forward in spite of my repeated requests to help in reslving the issue. However I am now going to re-contact them tomorrow onwards. Feeling obliged for ur encouraging advise.
Querist :
Anonymous
(Querist) 13 October 2011
Respected Mr. Makkad,
Tried to contact their two relatives but not responding.Is there any NGO or Mahila Ayog or such org.in Maharastra to come forward and help me to intervene for mediation to resolve the issue?
LakshmiKant
Querist :
Anonymous
(Querist) 26 March 2012
Hn'ble experts,
During last 5 months I have been visiting the all their relatives at Mumbai but none could do any help except counselling the boy and his father at Muscat(OMAN)over phone,who are demanding guarantee from us for no arrest in India in case they come in future,which is assured by all of us including our Advocate who has sent them draft petition and procedure for Divorce by mutual consent.
My daughter is also frustated and annoyed from us as we could not do anything for her in last 2 yrs. She is doing some job staying away from us but unstable in jobs also due to tension and depression.Unable to find a way for her.
What legal action I can take against her husband and father in law who have spoiled her life besides ours too. Plz guide.
Regards
LK DWIVEDI
+919415761864
ajay sethi
(Expert) 26 March 2012
if husband is not willing to grant divorce by mutual consent then you have to proceed under DV act . ask your advocate to take necessary proceedings
Querist :
Anonymous
(Querist) 26 August 2012
a case against my daughter married with a NRI boy(living with father at Muscat, mother expired on 04.04.2010)on 20.01.2010 at Raebareli and deserted on 01.04.2010 has probably been filed in the family court,Banda-Kurla complex, Mumbai. Summon sent by family Court, Mumbai to my daughter for appearing on 27.07.212 not recd by respondent being outstation. probebly next date for appearing in court fixed for 14.08.2012. How to confirm dates and know the grounds on which petition filed by applicant ?
my daughter deserted by NRI husband (at Muscat, Sultanate of Oman) on 01.04.2010 after only 70 days of marriage. Visited many times Seeking help from many of their well off relatives at Mumbai for mediation but all in vein rather they are helping them in filing the divorce case in court which I understand is not under sec 13Bof HMA(mutual consent).
Earlier in last Nov'2011 we agreed for Divorce by mutual consent but they did not agree to come to court at Raebareli apprehending a trap by us.
Request your kind views & guidance :
#How can we know the facts of the petition,unless we receive the summon again.
#Do we need to attend the family court,Mumbai on next date of hearing i.e. 14.09.2012 without receipt of summon & only on the basis of telephonic information given by daughter's father in law from muscat.
# Do we need to engage an Advocate at Mumbai , if so what would be charges normally
#Being retiered from services in 2010, feel helpless to fight legal case due to financial constraints and social image.
# Request plz. help and guide for necessary steps.
Thanks & regards
LK Dwivedi
