Please help
Curious22
(Querist) 26 March 2013
This query is : Resolved
Hi,
I married to a girl against my parent's will.
This was a love marriage.
we married in the year 2006 and we dint informed in our homes as we were studying.
We stayed at our respective parnt's homes.
Later when our parents came to know, her father lodged a flase dowry harrassment case against me and my family,when none of my family members even saw my wife nor even spoke to her or any of her family members.
They involved police and we were harrased.
Under police pressure i had to give her Khula(forced Khula).
Which i have a refrence that it is not valid.
She was forced to do sign the papers and me as well.
Later on when i got the refrence that this Khula is not valid and she came back again.
We left our homes,her father again went to police and filed a kidnapping complaint against me.
which was later cleared as we went to Police station and told the CI that we are married,major and want to stay together and she mentioned that she dont want to get marry to someone else.
Police helped us and we got the Police protection this time.
we started staying together as none of our parents accepted us.
we stayed for about 11 months.
in these 11 months her parents started involving in our lives.
i used to send her to visit her parents but they planned out somethng else.
They dint accepted me, nor i went to their home.
Later,her parents took the police protection paper from us and got few hired Gunda's at the place where we stayed and attacked me.
Gave wrong information to the police and again filed a false complaint stating that i kidnapped their daughter.
Later this case was even cleared when i produced the documents to the police.
But i was afraid as her father has many criminal cases against him and he know many Gundas.
So i had to leave her to her parents house as i cant even take her to my parents.
My in laws practise witch craft which my wife told me and even they are known for this in their relatives.
Now they have changed their home and her phone is switched off ince few days,
I want to know what i can do so that i dont get pressurised either by police or any Rowdy sheeters.Please advice.
Curious22
(Querist) 26 March 2013
The reason why i never approached any advocate is that i dont know what to do. and also i heard about money which matters the most.which i cant afford apart from the nominal fee of the advocate and also i need justice.
Curious22
(Querist) 26 March 2013
Please help :(
Devajyoti Barman
(Expert) 26 March 2013
Since your in laws have initiated false proceeding several times against you, it is now your turn to lodge complaint against them.
File complaint and initiate criminal proceeding against them on charges of criminal intimidation, extortion, force etc. If you can not then move to some undisclosed location.
Raj Kumar Makkad
(Expert) 26 March 2013
It would have been better, had you posted this query when your wife was residing in the same house. Anyway, you shall have to lodge a complaint under section 91 of Criminal Procedure Code before local SDM against your in-laws but prior to that you shall have to obtain information through neighbour (earlier house) or any relatives of your wife so that the exact address may be provided to the concerned authorities.
Curious22
(Querist) 26 March 2013
Thank you Dev and Raj for your replies.
But the situation which i am into is very different.
I went to their earlier house,but the neighbour says they dont know the new address.
Even their relatives , like i mentioned are afraid of them as they practice black magic kind of stuff.
Curious22
(Querist) 26 March 2013
How can i proceed in this situation ?
Raj Kumar Makkad
(Expert) 26 March 2013
Unless you trace out the actual address, nothing can be done. Try upon their friends or relatives either directly or indirectly.
Curious22
(Querist) 27 March 2013
I'm doing that. Once i get to know the address then what should be my next step ?
V R SHROFF
(Expert) 27 March 2013
WRIT Habeas corpus in High Court
Let Police search them
SEC 91 WILL HELP, BUT LIMITED SCOPE
Also act as advised by Adv Barman & Raj
Curious22
(Querist) 09 April 2013
I found the details of there where abouts.
Also came to know that they want to marry her to a different person.
Even her dad called me up and gave me threats , i went to police but in vain.
I contacted a lawyer and discussed the same , he states that the law is only for woman , they can evn put some false allegations if i try to book a case against them.
is this it ? there is no law for the truth ??
Curious22
(Querist) 09 April 2013
also i want to get some clarification, like i said, we were forced to take divorce which was just in 9 mnths of our marriage and that too we were not stayng togethr aftr marriage .
According to Indian law, no divorces would be granted within 1 yr of marriage,.right?
does it implies here ?
V R SHROFF
(Expert) 09 April 2013
file 156 (3)
Issue notice she is your wife, and writing obtained by force, not binding..
Curious22
(Querist) 10 April 2013
156(3) states that if police is not atking any complaint then it would help,but what if the police do some false investigations like i said before that my in laws are involving police by some other means.
Curious22
(Querist) 10 April 2013
also i want to get some clarification, like i said, we were forced to take divorce which was just in 9 mnths of our marriage and that too we were not stayng togethr aftr marriage .
According to Indian law, no divorces would be granted within 1 yr of marriage,.right?
does it implies here ?
Devajyoti Barman
(Expert) 10 April 2013
The decree seems illegal if done within a period of 9 months of marriage.
File a suit for declration of decree as non est.
Raj Kumar Makkad
(Expert) 10 April 2013
How the court granted the decree of divorce within 9 months of the marriage?
It shall be better to post the contents of relief paragraphs of the judgments so as to attain more knowledge about that judgment.
It is better to go in appeal against such illegal judgment and decree.
Curious22
(Querist) 11 April 2013
I want to add up something here,
the divorce(khula) happened infront of the police and in pressure.
Not in the court.
I got my marriage registered certifcate after the nikah , so is this divorce valid infront of the Law??
