How to get rid of tough situation
Querist :
Anonymous
(Querist) 09 January 2015
This query is : Resolved
Dear Sirs
I am a 33 yrs old person currently working in a psu in chennai region. I am a native of bihar. I was forcibly married in 2001 without my consent at the age of 20. Later I was not accepting that. I continued to stay separately so long. I was even requesting them to get mutual divorce and but they were insisting the only option to keep the girl; which I was not accepting. In this so many years have gone. But now when my parents were there in my village in gaya dist. They generally live with me in Chennai region. The other party made a gang and gheraoed my parents with the help of.local police. As sympathy of villagers lie with girl party many of them were in support of them but most of them.are because jeolosy. Those people abused my parents badly. The police came on their application and onesidedly forcibly made my father to sign a; paper accepting the girl and next day forcibly entered the girl to my house. We being soft in nature and getting less support my parents are helpless. I do not know what to do. I would want divorce but how to get rid of this girls forceful entry to my home and handling their abuses.
Isaac Gabriel
(Expert) 09 January 2015
From the given facts it is difficult for you to face the onslaught of the girl's family as you are alone.You are fortunate to work in PSU which is having offices throughout india.Better consult your officials and get transferred to norhtern region,which will be the instant relief.
Querist :
Anonymous
(Querist) 09 January 2015
Sir legally what are my options?
How should I start with?
Guest
(Expert) 10 January 2015
Well advised by Senior Expert Mr.Isaac Gabriel.You better consult your Local Good advocate and Proceed Legally.
ajay sethi
(Expert) 10 January 2015
anonymous query
Querist :
Anonymous
(Querist) 10 January 2015
Pls somebody advise
malipeddi jaggarao
(Expert) 10 January 2015
Come with your identity. Your marriage is a valid marriage and you cannot disown your wife at your sweet will. You will have to face all the ordeals. They will not agree for Mutual consent divorce. You do not have valid grounds for divorce. You are already 33. If you file divorce petition, it will take its own time and by all probability, it will not be granted. Hence either you like or not, you accept her and forget about your disliking towards and start a new life. Alternatively, file a divorce petition, if granted after a decade or so, your age will be above marriageable age, no better girl will marry you at that age that too with a blot of divorcee on your face. Even otherwise chances of having children will be bleak, because will definitely cross 40 years! Think before you leap!!
H.M.Patnaik
(Expert) 11 January 2015
As understood your marriage was solemnised under coercion when you were below marrigeable age i.e. 21 yrs. for male persons.Have lodged any written complaint at any time after marriage which may be available on record?
You need to consult an experienced local lawyer with facts and records if any for proper advice.
malipeddi jaggarao
(Expert) 11 January 2015
@Mr.Patnaik - He can not escape on the ground that at the time of marriage his age is below 21. Please read the following:
Section 3 of the Prevention of Child Marriages Act relates to child marriages. It specifically states that a child marriage shall be voidable at the option of the contracting party to the marriage, who was a child at the time of marriage. The term "child" in Section 2(a) means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age. A voidable marriage does not become void on its own or immediately when the option is exercised. It requires a decree on adjudication issued by the district court. The said decree can be only passed on a petition by a contracting party to the marriage who was a child at the time of the marriage. The petition has to be filed before or within two years of attaining "majority" (i.e. majority as defined in the Majority Act, 1875).
Querist :
Anonymous
(Querist) 11 January 2015
@jaggarao. Sir you look to be legally well versed. I am looking for solution.you are reading me wrongly. I am not trying to disown on my will. The trauma of my life may be difficult for you to gauge. Can they forcefully enter my parental house? Secondly why if unilaterally divorce can not be sought on desertion ground if the need be. Though we would like to.mutually resolve the issue by talking to them If I look after her welfare why should they not permit me for leading a marriage of my choice.
Querist :
Anonymous
(Querist) 11 January 2015
Pls somebody reply.
Querist :
Anonymous
(Querist) 12 January 2015
Can somebody think of any solution.
T. Kalaiselvan, Advocate
(Expert) 14 January 2015
You are asking for a solution after 13 years of your marriage but you have not stated that when your wife has made forced entry into your house. Before that remove the tag of 'anonymous' and come on some name because generally the stand by the experts is not to entertain queries by anonymous.
Querist :
Anonymous
(Querist) 16 January 2015
@kalaiselvam
Sir
Initiall option was there to choose anonymous. I am not able to find the option to unselect the same. May be I restart the queries. Then I don't select anonymous. It will go.
