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sujeet_rajawat (Querist) 11 April 2008 This query is : Resolved
Till now I only heard about misuse of law by females.

Now I am victim of it.

One of my best friend got married in Dec 2007¡he is an engg by qualification and working with a very good MNC at comfortable position.

His was an arrange marriage, As the boy was living in Delhi and family was in Jaipur, so he decided that for first few month he will be living alone in Delhi, will make all the arrangement and then around May or June he will bring his wife along with him.

His family comprise of him, his younger brother lives in Mumbai (Working with a very prestigious company) his sister (married and settled to other city) and Mother and Father. Father is working with a very prestigious bank as branch manager. Overall a well settled and smooth going, god fearing family.

As no one was in Jaipur apart from Mother and Father, so majority of time almost more then 3 months the girl lived with her parents only and boy¡¯s parents also not objected coz they said as she is recently married so must be missing her family. It is better if she can spent time with her family.

Around 10 days back boy got a news that the girl is pregnant, he was absolutely shocked and in sonography report it is showing that the pregnancy is of more then 02 months.

As per boy ¨C On first night itself the girl made a request to the boy that she need some time to prepare herself to get involve with him and he happily accepted that.
The first time they made relation is hardly 1 month back.
He is saying that he is ready to go for any test available in medical science.

Now after sonography report girl is with her family. Boy and his family is trying to maintain communication as much as possible but they are not responding any of their calls.
Once they tried to go to girls place but someone said, she is not available and family is not in town, but they were in town only.

Boy is absolutely shocked and not able to express anything.

We have taken advice from some lawyers also, but they are saying as per law you can not do anything, coz law in India is absolutely in favor of girls.

If she gives birth to child, boy need to take care of him till the age of 18, if child is a boy and if child is a girl boy need to take care of her till she get married.

And if he applies for divorce and girl file a case of dowry, he need to go to jail.

What a great Law we have¡¡¡

This is a request, kindly do advice, How can he prevent himself...

You all are professionals from your field...and Your advice will be highly appreciable......Please give a thought as this can happen to any of us...

He is a very good friend of mine and I know he is not at fault¡he is getting torture of being innocent¡¡¡¡

Awaiting for your response.

Kindly do respond¡¡¡ As this is a quesion of Life for someone like us.....

Also if any of you can suggest me some good lawyer in Jaipur (Who can fight this case for boy not only for money but for the right, for the justice)

Regards
Sujeet S Rajawat

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RAKHI BUDHIRAJA ADVOCATE (Expert) 11 April 2008
If your friend is confident about time when he made relationship with his wife & report of sonography is also favours his statement, then first of all let him suggest for the DNA Test & on this behalf he can file a case under section 13(1)(i)of HMA for seeking divorce on ground of adultry of his wife.
As per as any Lawyer in Jaipur is concerned, then sorry to say, in this matted I can't help you, as don't know any Lawyer in Jaipur. But if you are interested, then I can help you as I also deal in matrimonial cases. If not, even then you can contact me for legal help in day to day proceedings as according to me-your case is genuine one & I'll surely help you as a human being.
e-mail-rakhibudhiraja@yahoo.co.in
Mb.-9871158578
Residing at Pitampura, Delhi

sujeet_rajawat (Querist) 11 April 2008
Dear Friend

Thanks for your support...your words were really of great motivation for me...

He is ready for the DNA test...but girl and her family is not interested...they have completely denied...even Girl is saying that she will give birth to the child and no one can do anything to her..

What can he do in this case. Because without test he can not prove any thing..and is there any support he can expect from law...

He is really worried as this can spoil his career as well as prestige of his family...

Please guide me on this..

You can call me anytime on +91-9828051580..

Awaiting for your response.

Regards
Sujeet S Rajawat

Girl is at her parents house.

SANJAY DIXIT (Expert) 11 April 2008
The order for DNA Test may be made by the concerning Court. Your friend should first file the suit for Divorce and thereafter move an application before the Court for allowing the DNA Test(if female denies for the same).

octavious (Expert) 12 April 2008
Hello,

All the above given advise are perfectly right. And I would like to add further that, you may first file a for divorce and prior to filing for divorce make grounds for the same, by hiring a professional help as to find out, whom the child belongs to, this will help you during the divorce case proceedings.

Secondly apply for a anticipatory bail, and as to avoid arrest on any of the false complaints, that the female may file.

And I would suggest that, let the female file court claim of dowry against your appeal for divorce, because the same will be beneficial to us, because thus we will have enough grounds to prove that, the concerned female is of lose character and is harassing our client on purpose, for money,that also by placing herself behind the veils of laws meant to protect the females, and staying further would amount to serious harm to our client.

Thank You
Octavious

sujeet_rajawat (Querist) 12 April 2008
Dear Friends

Thanks a ton for your valuable suggestions..

Your comments are of great help....

Y'day my friends family member received a call from somone on thier landline phone(Without Caller ID)

The person said he is an RAS officer and can make their life misreable.......

He was also saying that he can go to Mahila Aayog and bring us in great difficulties..........

What should we do in this case..........

And also as they married around 4 months back only...so can they apply for divorce in such a short span of time....

This will be great support if any of you can suggest us some lawyer in Jaipur....or is it possible to file case from some other place also....

Kindly guide, as your valuable suggestions are supporting a innocent family, who is in deep trouble...

Also we are planning to hire some detective who can give us some proof's for the same.

Awaiting for your response.

Regards
Sujeet S Rajawat

octavious (Expert) 12 April 2008
Hello,

This Mahila Ayog and and other institutions are either non judicial or quasi judicial and their acts and statements can gather only attention and not special privilege or concessions under the divorce procedure or statute of land.

As told earlier, kindly consult a Lawyer of your locality, and also if any threat advanced against you then kindly report the same with local police, if they don't cooperate then to the magistrate directly, this will help you in making valid grounds for divorce

Thank You
Octavious

All the learned lawyers here in have advised you to the maximum and have given you best legal opinions. I would suggest that you further do not waste time in putting up questions in the forum,but advise your friend to start proceeding in the directions advised so as to avoid any lapse in securing personal interest and dignity

sujeet_rajawat (Querist) 12 April 2008
Dear Octavious

Thanks for your valuable suggestion. I have already communicated to him everything, I learnt from this forum and they are in search of some good lawyer only to file a case.

Secondly, I apologise if I am wasting your time, but for me it is must as my friends worth alot to me.

Regards
Sujeet S Rajawat

octavious (Expert) 12 April 2008
Hello,

I think you mistook my statement, I didn't mean you wasteing my time, what meant was you wasting your time, as the opposite party are playing a very fast game, and the same can be understood, from the query that you have been posting

Take care & act prompt

Thank You
Octavious

Rajesh Kumar (Expert) 11 June 2008
Your friend is in trouble- he has committed the biggest mistake of his life- he has married? Nobody can save him from the cruel laws and more cruel women.

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