Under special marriage act
SEBAN J COCHIN
(Querist) 02 January 2012
This query is : Resolved
Iam 48 years old Hindu by birth and married a chritian woman now 52 years old under special marriage act and lived 23 years and due to married a non christian my wife was expelled from her Church in 1986 and use to go to pray along with our two children , 5 years back my wife compled me to got concent to converted my children into her belief. And also her family members given pressure and threaten often to convert me in to her belief ,bcoz then only she got her membership again in her church. But I denied. Two years back in 2009 my wife complined in local police under Violence against womens act and approched the JFM court , Cochin filed OP against me.We gone for counsealing as prayed by me ,but it was vein. After as per the memo filed by both the court passed the order as The respondent (me) should not interfere the peaceful life of the complintant and the the complitant reilnguish to receive any compenstation from respondent so disposed without further proceedings.
I 48 years old lived alone waited to reconstitute my family for last 2 years , but they (My wife 52, my daughter 23 years old and my son 19 years old ) not co-operated and even not interested to see to me in public place also.
Recently I decided to find a companian for my remaining life , I send a E mail (She is working in PSU , the E mail is provided by her Employer , not like such yahoo, google etc) asked her NOC or objection regarding my willing to find a solution , but she did,nt replying my E mails wether giving NOC nor Objection.
In this situation what can I do ? without got NOC or Divorce (minimum I have to wait 2 to 4 years , which I was told one Adv here) How to go ahead?
Pls reply me our experts .
Sudhir Kumar, Advocate
(Expert) 02 January 2012
This NOC has no relevance. You are not divorced and you are heading for Jial on the charge of bigamy. By the way when you were compelled to covert to christianity why you did not file criminal case. If you wife is not allowed to go to church whey she did not file writ in High Court against the church for violation of her right to religion of choice.
SEBAN J COCHIN
(Querist) 02 January 2012
Thanks Mr. Sudhir Kumar sir, If my wife co-operated to filed a mutual Divorce , can we get immediately?, bcoz we already lived separately two years more.
SEBAN J COCHIN
(Querist) 03 January 2012
Thanks Mr. Prabhakar Singh Ji! ,
So my entire ways hasbeen closed one I think. Really I was from one King's legacy and my wife from one tribe family by British grace we lost our rule gone bottom and she lifted up in the society , and I was not a so saint one , is saint one and will not be saint one as bcoz Icant closing my eyes in this mid age and also not to go to fight against her , bcoz I still loving them , So better swimming alone in the dark sea without any aim , best stop my sroke to swim and end one.
Thanks lot my brother .
A. A. JOSE
(Expert) 03 January 2012
Dear Mr.Seban,
While facts stated by you are really painful indeed, I am of the personal view that after having a married life with someone for 23 long years and after having fathered two children too, it would be prudent for you to make a serious soul-searching to find out what went wrong in your married life as it is still not too late to make amends for the sake of your family and children. Nothing is impossible if there is a trace of love left in you,( as you have stated that you still loving them). Make serious attempts and you will succeed. Known foe is better than unknown friend ! Make some firm commitment and rethinking during the eve of New Year. Best wishes.
SEBAN J COCHIN
(Querist) 03 January 2012
Thanks My dear friend Mr . A.A. Jose ,
Yes really you have opened my eyes , which I forgot Iam the legend of my children , yes Iam trying to think how to attract my children on my side to guide them on the right path,bcoz still Iam young not a very old one and if I won then my children will take care of me if I failed I will surrender to the God. I belived one one god is there , route which our choice.
Iam giving my thanks to Brother Sudhir Kumar , Big Brother Prabhakar Singh Ji! , Brother A.A. Jose and Lawers Club of India
Shonee Kapoor
(Expert) 07 January 2012
Never mention.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
