Seeking divorce
seniorcitizen
(Querist) 26 March 2014
This query is : Resolved
Hon'ble Experts,
I shall try to put my problem as briefly as possible.
My grand daughter secretly married without informing the family members, she has never gone to stay at her marital home even for a day, the marriage is not consummated. She has been staying with her family since the day one of her marriage. The family members came to know of the marriage very recently when the boy demanded money for a flat.
According to her, she had a specific understanding that she would marry him only after the boy acquires a suitable residential premises, as his present premises is very congested and not sufficient to accomadate her with his family members. He has a double room tenement and they are six adult members of the family, and common chawl toilet.
Initially the boy accepted the term but later he pesuaded her to marry him with a promise to live together only after he acquires a suitable residential premises.
After about six months of the marriage the boy now tells that he does not have money to purchase a flat and asked my grand daughter to bring money to purchase a flat, else to come and stay with his family.
My grand daughter is very disheartened and crest fallen, she now realizes that the boy has deceived her into marrying him with false promises solely with a view to extract money from our family.
She now wants divorce but the boy has refused to divorce her. She does not want any moneys from him, just wants to divorce him.
Please advise the course we should take in the matter.
I thank you all in advance.
Senior Citizen
Devajyoti Barman
(Expert) 26 March 2014
If any fraud was played upon the girl for marrying her, she may file petition u/s 12 of HMA for declaring the marriage as null and void.
Dr J C Vashista
(Expert) 27 March 2014
1. Annonymous quety.
2. Contact/engage a local lawyer to file cases under the provisions of Dowery Prohibition Act, Protection of Women from Domestic Voilence Act, Criminal Procedure Code and Indian Penal Code.
3. Donot encourage her for divorce.
R.K Nanda
(Expert) 27 March 2014
no more to add.
Rajendra K Goyal
(Expert) 27 March 2014
Agree with the expert Dr J C Vashista ji.
ajay sethi
(Expert) 27 March 2014
refuse to pay any money . since marriage has taken place only 6 months back she cant file for divorce now . she can file petition under section 12 of HMA for declaring marriage null and void if she is victim of fraud
V R SHROFF
(Expert) 27 March 2014
apply TO DECLARE MARRIAGE NULL & VOID// NO COHABITATION WILL SUPPORT UR PETITION
K.K.Ganguly
(Expert) 27 March 2014
1. The ground shown for seeking decree of divorce does not appear to be adequate and may be severely contested by her husband,
2. Collect evidence of his deception in support of your allegation to seek divorce.
T. Kalaiselvan, Advocate
(Expert) 27 March 2014
It is not ripe time for seeking divorce, a petition for annulment of marriage can be filed on the grounds of non-consummation of marriage but the reasons should be valid, secret marriage and awaiting social marriage ceremony at a later date cannot be claimed a valid reason for non-consummation of marriage, deception also cannot be covered under this section because they both willingly and secretly married each other, so a petition under section 12 of HMA will not be maintainable. Better to wait for one year time to elapse and then file a petition for divorce on the grounds of cruelty namely torturing by demanding dowry/money.
seniorcitizen
(Querist) 27 March 2014
Hon'ble Experts,
I am sincerely thankful to all of you for having offered your valuable opinion and advice.
I am really confused and at a loss to know what action to take.
Thank you all,
Senior Citizen
Guest
(Expert) 28 March 2014
Well advised By Mr.V.R.Shroff Nothing to add more
Biswanath Roy
(Expert) 28 March 2014
I do not know whether marriage was registered. If the marriage was registered then the successful legal measure can be planned. But if the marriage was done in a temple then the obligation of marriage can be brushed out. In such a case you shall have to play in defense line and not to step into the shoes of legal prosecution line rather sit tight over the matter and if that boy comes pushed him out of your house and hand over to local P.S. alleging criminal trespass and molesting modesty TO YOUR GRAND DAUGHTER.
seniorcitizen
(Querist) 28 March 2014
Hon'ble Biswanathji,
My grand daughter informs me that the marriage was registered.
Thank you all,
Senior Citizen
Biswanath Roy
(Expert) 29 March 2014
My legal tips is that when the marriage was registered then try to find out whether there is any discrepensy or defect in the declaration of marriage or not so that the marriage can be nullified by law. Besides, no notice was served upon the guardian of the girl which is a statutory obligation. For such scrutiny you can engage an expert lawyer and proceed for Divorce.
prabhakar singh
(Expert) 29 March 2014
Fraud is an act which can be planned to have a play any where,even before courts,why to talk of registrars then?
"apply TO DECLARE MARRIAGE NULL & VOID// NO COHABITATION WILL SUPPORT UR PETITION"
is a value added CLEAR NEAT AND CLEAN suggestion by Mr. VR SHROFF then.
Guest
(Expert) 29 March 2014
When you say the boy is demanding dowry for house it is your grand daughter who is demanding a posh house from him.It is our Indian custom that the girl should live with her husband after marriage irrespective of status and comforts.more over it is a love marriage the girl is accustomed to luxurious life.In Ramayan Sita even dared to accompany her husband to forest.So instead of sticking on to one side of your grand daughter ask her to settle with her husband provided he is a good person.Simply do not try to harass men with legal sections which are always in favor of women only.
prabhakar singh
(Expert) 29 March 2014
Most thoughtful and welcome answer from a lady.
Men can not dare to speak so frankly against ladies.
There can be no WIN-WIN situation in LOVE.
It has to be accepted as it is.
Why do not you buy a flat in your grand daughter's name ?
If some one is forced to do what one can not,of course,the reaction would be why do not you do,if you can?
K.K.Ganguly
(Expert) 29 March 2014
1. I agree with Ms. Ibrahim. This is the reason why I had opined earlier that the ground shown for seeking the decree of divorce is not adequate and will be fittingly contested by the husband's lawyer.
2. The husband did not ask for dowry for himself. It is your grand daughter who asked for a flat to be seperated from his paternal family which her husband admittedly could not buy for her and asked her to buy it herself. I am not very sure whether it can be called as a dowry demand.
3. I am also not very sure if not fulfilling the promise of 'purchasing a seperate flat after marriage' can be called deception for filing divorce suit
3. Ld. Experts oponions in this regard are awaited.
prabhakar singh
(Expert) 29 March 2014
With reference to facts and context of the circumstance we have before us here,i would argue it to be a 'no dowry' and 'no deception' case.
seniorcitizen
(Querist) 29 March 2014
Hon'ble Experts,
I understand that I have not been able to put forth the correct position and condition of my grand daughter in details and also the mental agony she is passing through. I am sorry if I have created an image of my grand daughter demanding a posh house, that is my short coming, hence the conflicting views and advice of Experts.
However I shall be most ungrateful if I fail to thank the Experts for having spent their valuable time and tried to help me in our dilemma.
Thank you all, Sirs and Madam,
Senior Citizen
Sudhir Kumar, Advocate
(Expert) 12 April 2014
prima facie there is no material of cheating against the boy.
Your g/daughter has sought separate house as a consideration of marriage and she can be criminally charged for dowry demand
YES. DOWRY ACT APPLIES TO BOTH SIDES. though used by bride side only.
