guide pls
Roshni
(Querist) 18 October 2014
This query is : Resolved
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Guide legal action
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Roshni
on 18 October 2014
My marriage has completed three n half months now.... n for last 2 months I m at my parents home. My marriage was as per Hindu act. My hubby n in laws are staying in Rajasthan n I am from Gujarat. Since 2 months my hubby is giving me dates but not coming to take me back to matrimonial home....none of fly members neither my hubby or Mil or Sil is picking phone or reply sms or calling us . Since 1 week of my marriage behaviour is full of mental torture.... hubby has not registered our marriage nor has he himself got marriage album nor has let photographer provide us our copy of snaps. Pls guide what action we should take legally ....as it seems they dont want me back home...
Roshni
(Querist) 18 October 2014
Pls guide me for future action
V R SHROFF
(Expert) 18 October 2014
WAIT AND WATCH PEACEFULLY WITHOUT ANY DISCLOSURE TO ANYONE FOR FURTHER 3 MONTHS.
DON'T PANIC.
You may talk with those who arranged your marriage, or common relatives and friends w/o any complain for in laws.[ in very low profile. ]better your sis/ mom/ br talk, You must keep quite for next 3 months, as u r interested to save marriage.
Roshni
(Querist) 18 October 2014
Sir.... our marriage took place thru Advt in newspaper ...hence no mediators .... although we tried to talk to my hubby boss.but in vain. n even Pandit who performed our marriage...he said he can only help us in providing marriage certificate from his own letter head that he performed our marriage.... . If he does not cone den? If he filed for divorce den? Pls guide what legal precaution or action we should take to pressure him to take me back home
Devajyoti Barman
(Expert) 18 October 2014
Legal recourse is there but that would ned the marriage fr goo.
Before taking legal steps o consider whether you want to give a try to the relationship or not. If yes then wait before exploring legal resources which are aplenty.
prabhakar singh
(Expert) 18 October 2014
Was invitation card also not printed?
Besides PANDIT WHO PERFORMED THE MARRIAGE,PEOPLE WHO ATTENDED THE MARRIAGE ARE
ALSO WITNESSES OF MARRIAGE.
In case your husband deserts you or file divorce you can file a claim of maintenance
in either of situations.
If he files divorce case then marriage would get proved itself.
you would need to prove marriage only when he denies it and does not file any divorce case.
V R SHROFF
(Expert) 18 October 2014
Nothing better than hus filing Divorce case.
It automatically prove "HE MARRIED YOU"
So you get very good opportunities to claim all your rights.
He will be in trouble.
But as I suggested, if you want to save your marriage, WAIT AND WATCH FOR NEXT THREE MONTHS.
CONSIDER QUESTIONS OF SHRI SINGH. Who all were present??
Advocate. Arunagiri
(Expert) 18 October 2014
It is hard to believe that only your husband took the photos.
Please answer the following:-
Where the marriage was held? marriage hall or temple or elsewhere. Have you obtained receipts from that marriage hall.
Have you printed your marriage invitation and do you have the copy of it?
Dont you have any friend or relative who took photo from them mobile or so?
Above all what is the reason for your current problem?
Rajendra K Goyal
(Expert) 18 October 2014
Wait and watch for some time, well advised by the expert VR SHROFF ji.
Roshni
(Querist) 18 October 2014
No idea Sir why whole family is behaving so.... we are just guessing either they want dowry or my hubby is involved already before marraige. 1Both party wedding card we have.. 2 also few snaps taken by my cousin are with us 3. In Aug month when my father visited my in laws home he did asked why they behaving n mentally harassing me they said we are not. Pls sir can u pls guide why are u asking to wait for 3 months more?
Roshni
(Querist) 19 October 2014
1) my cousin have taken few photos 2) we have wedding card of both parties 3)we have also taken marriage From hotel where marraige took place. Sir as they told we have to go to Rajasthan for marriage.... the photographer was hired by him ( he has engaged ) n we had fixed that the amt shall be divide by 2... but the photographer denies unless my hubby allows him he won't give us snap...photographer works for hubby college so he is helping him . Can u pls now guide me further 1) why u asking me to wait for 3 months? 2) we have talked to his only cousin who attended marriage but now he Also not picking phone.. also to his boss but all in vain. Pls guide
ajay sethi
(Expert) 19 October 2014
these are sufficient proof of marriage . . experts advised you to wait for some time so that you would come to know your husband intentions . let him file for divorce . if he files that is proof that marriage has taken place . in any case no divorce petition can be filed unless one year has elapsed from marriage except in exceptional circumstances
Advocate. Arunagiri
(Expert) 19 October 2014
If your cousin had taken photos of your marriage, that is a valid proof.
Wedding card and the printer is a valid evidence.
The marriage hall office will have the details of the bride, groom.
Try to resolve the issues amicably. If nothing works out file a petition for RCR.
Guest
(Expert) 19 October 2014
Dear Author, Well advised by all the Experts.Still I Feel Certain important Facts Not Disclosed by you.Like how the marriage was fixed since you both were of different State and who was responsible for it Etc.
Roshni
(Querist) 19 October 2014
1) It was fixed by Advt in paper... we I inquired in his office n after cross checking marriage conducted 2) Today one of our caste/ community chief tried to visit n talk abt behavior n why hubby is not coming to take me home but my Sil n Mil did not let them enter home... n said hubby is out... n we shall clear discuss matter own. But my hubby or mil or soil has not yet call us.. nor my hubby replied my SMS or 4 calls ...wch I made. .What should be our next step pls guide
Roshni
(Querist) 20 October 2014
Sir.....within did tenure they had tortured Me like 1) .they locked my washroom up next to bedroom n made me use downstairs washroom under watchful eyes... n instructions only 1 bucket for washing cloths.... head bath.n bath... for wch I opposed but mil use to sit next npour water n made me wash my cloths... 2) also made me sweep n mop since 2nd day of marriage under her instruction..... resulted we had exchange of words... where my hubby took deer side....once he told he is unhappy from me... in fight but den after 1week he calmed down n said in anger he said so. Sil had Also said u HV to follow all we say or leave house in 2 week of marriage.... I want to save marriage anyhow ...but the behavior from them is too negative .pls guide what could be there plan...n how should we safeguard us... my jewelry.. clothes are still with in laws.... pls guide what next should we do
Guest
(Expert) 20 October 2014
Dear Author,I am Really Sorry about.Please Do as advised by above Experts and up date the same.
Devajyoti Barman
(Expert) 20 October 2014
It appears that your marriage is not fit to be salvaged anymore of the allegations stated above indeed occurred to you.
In that case you can file criminal case u/s 498A, 406,506, 323 IPC.
You can file case for various reliefs including monthly maintenance u/s 12 of PWDV Act.
Roshni
(Querist) 20 October 2014
If we file so...1) How will I prove mental harassment towards me cause for saving my marriage we had not filed any case... n now since 2 months I m in another state...I.e Gujarat.2) my father is 75+ ... so it would be too tedious to visit rajasthan n attend hearing ... can we file in Gujarat such case? Will promt action. B taken from police or law? Cause we belong to middle classe n since 13 yrs papa is not working as retired.. pls guide
Roshni
(Querist) 20 October 2014
Pls guide... yesterday n today also I called n SMS my hubby he did not answer... nor Mil n sil answer my Fathers phone... its too disrespectful... pls guide I now want them to teach for their wrong deeds
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
You can go ahead with the legal action against him from Gujarat itself but as advised by experts, wait for the ripe time to initiate any action so that you do not bring disaster to our ownself by rushing up things.
