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Inter caste marriage divorce case

(Querist) 24 November 2015 This query is : Resolved 
Dear advocate,

Am raising this query for my brother. He married a girl from different caste some two year back. Its a register marriage. The girl was in her final semester so just they got married and started to live separate. But they used to meet and roam frequently. Now both the families come to know about their marriage. Girls parents are not ready to accept it because of status. So they brainwashed the girl and filed a divorce case. But my brother don't want to give divorce and he wish to live with that girl. Before that they tried to threatened him to get the marriage certificate and other things from him. Girl lied a lot during counseling sessions. Even he begged her to tell the truth. Last week during the end of counseling session the girl's brother spitout some bad about my family so it became an issue and he beaten my dad with slipper who is 67year old. We failed a complaint against them . at the same time the girl filed a chain snatching false complaint against my family with the help of sp . She created a sympathetic drama and all. Now they are trying to push with the help of minister to get the documents from us. We are in helpless situation to compete with them in money wise and power wise. But because of this issue he lost his job , so much insult in station or wherever he go and the whole family was stressed out because such a situation is new to us. Can you please guide us someway??? They are in life threatening situation because of her lies. No one is ready to hear the truth from his side. Please give us some suggestion positively..
Sudhir Kumar, Advocate (Expert) 24 November 2015
she will also file dowry demand case against your entire family and if not getting bail you all can be in jail.


your brother is not only coward and stupid as well.


YOUR BROTHER IS NOT AVAILING OPPORTUNITY OF WALKING OUT OF SUCH MARRIAGE PEACEFULLY.

YOUR ENTIRE FAMILY APPEARS TO BE SUPPORTING IN HIS SUICIDAL MISSION.

If he has to ruin life why you cannot leave him alone and why you all want to accompany him to Jail.
Sudhir Kumar, Advocate (Expert) 24 November 2015
your query is vague.


you have not stated what is the caste of both of you.


you have not stated what lies the girl has told. without this information the future danger to your brother, your family AND YOU cannot be assessed.


Sudhir Kumar, Advocate (Expert) 24 November 2015
"But my brother don't want to give divorce and he wish to live with that girl. "

REALLY?

then why he did not live with her from marriage date
P. Venu (Expert) 24 November 2015
The situation is really unfortunate. The only prudent course is divorce on mutual consent.

Of course, your family members can file counter cases. However, the path is arduous and stressful.
SAINATH DEVALLA (Expert) 24 November 2015
,the girl must have brain washed or blackmailed.Mcd the best option n settle the matter without legal complications
Rajendra K Goyal (Expert) 24 November 2015
Try to have an amicable settlement, take help of elders of both side. If amicable settlement reached, go for mutual consent divorce.

There is no fun in stretching the issue.
Kumar Doab (Expert) 24 November 2015
Obtain certified copy of marriage certificate from Registrar or pursue thru RTI and keep one photocopy safe in locker.


It is a document in public domain and can be acquired even if original is snatched.


The male is a victim as per your post.


Record all transactions (audio/visual/witnessed).


Approach an able and seasoned lawyer ASAP.


Keep irrefutable evidence and unshakable witnesses by your side.


If the girl want divorce by mutual consent then why the male is subjecting himself and his hapless family to such torment?


Search on google and approach many of the associations/NGO's/forums etc that come forward for victims of such cases.


Develop rapport with members of opposite political parties, Councillor etc...............



Don't spend your whole time and life in such useless and good for nothing matters that will fetch you nothing but harassment.




usha (Querist) 24 November 2015
Thanks for the responses. In front of political and money power my brother may become a stupid and Coward. The girl is from SC community and ours is BC. As i mentioned in my post they got married when she was doing her undergraduate. So he and that girl don't want to reveal till she finished her studies. Who else will support him other than we family members sir. We also don't want him to suffer such extend. He had some hope to get her back in his life. That's why he struggled a lot. But now the situation went worse. She lied as my brother beaten her and snatched ten pawn chain from her neck at the end of counseling session. And failed a complaint against him. But its not true. She is not providing any valuable reason against him for divorce in regard of his character or behavior even to the counsellors.
usha (Querist) 24 November 2015
We are trying to get bail for that chain snatching case. But the advocate said there is a possibility that the court may asked you to return the chain in front of them. But how can we return the thing we don't have.. annoyed sir..
Sudhir Kumar, Advocate (Expert) 24 November 2015
your original query did not have any mention about political and money power.

Sudhir Kumar, Advocate (Expert) 24 November 2015
your said

"We also don't want him to suffer such extend. He had some hope to get her back in his life. "

YOU ARE HELPING HIM TO SPOIL HIS LIFE

YOU HAVE NOT HELPED HIM TO GET OUT OF THIS MARRIAGE AMICABLY.

YOU ARE FORCING TH SITUATION TO GO TO POLICE.
Sudhir Kumar, Advocate (Expert) 24 November 2015
"She is not providing any valuable reason against him for divorce in regard of his character or behavior even to the counsellors. "


SO YOU WILL WAIT TILL SHE LAYS FALSE DOWRY ALLEGATION AND YOUR WHOLE FAMILY IS IN.

TILL THAT TIME YOU WILL NOT TELL YOUR BROTHER THAT 2+2=4
Sudhir Kumar, Advocate (Expert) 24 November 2015
"We are trying to get bail for that chain snatching case. But the advocate said there is a possibility that the court may asked you to return the chain in front of them. But how can we return the thing we don't have.. annoyed sir.."

ONCE IN POLICE REMAND YOUR BROTHER WILL ADMIT THAT HE SNATCHED THE CHAIN (even if he did not) AND POLICE WILL GET CHANCE TO SEARCH YOUR ENTIRE HOUSE.

BUT STILL

YOUR BROTHER DOES NOT WANT TO AGREE FOR DIVORCE.

and still you resent him being called stupid.
Sudhir Kumar, Advocate (Expert) 24 November 2015
But because of this issue he lost his job , so much insult in station or wherever he go and the whole family was stressed out because such a situation is new to us.

NO PROBLEM LOVE IS MORE IMPORTANT FOR HIM THAN JOB RESPECT OF FAMILY ETC.....
Sudhir Kumar, Advocate (Expert) 24 November 2015
"girl's brother spitout some bad about my family so it became an issue and he beaten my dad with slipper who is 67year old. "


WHAT A GREAT BROTHER YOU HAVE GOT.


still he wants and hopes to live with that girl?
Sudhir Kumar, Advocate (Expert) 24 November 2015
"so much insult in station or wherever he go and the whole family was stressed out because such a situation is new to us. Can you please guide us someway??? "


THIS MUCH INSULT IS NOTHING COMPARED TO THE INSULT WHICH YOU BROTHER WILL BUY FOR YOU ALL IF HE DIES NOT MEND HIS PATH.
usha (Querist) 24 November 2015
So your opinion is to go for mcd..we also insist him to go for that even today.. but it's just like men discrimination.. law supports only women even though it's a false complaint.

Thanks all for your responses.
Kumar Doab (Expert) 24 November 2015
In this lengthy thread you may take a cue from many post and let your able lawyer now handle the matter for you and act with a cool and balanced mind.



For your own knowledge and support that you feel that you require check with various forums as suggested and your own elders and wise community leaders.



At times wise and elderly advise saves from trouble.


Your able lawyer can render legal advise to you.


Approach an able, senior and seasoned lawyer ASAP.
K.S.Srinivas (Expert) 24 November 2015
As mentioned by you, law is in favour of women. It is also mentioned in your post that your family members are threatened. It appears to me that she may file other cases also against your brother and your family members. Even you are ready to contest all these cases, it may be more painful and you have to mental agony and troubles. Hence, my advice is to go for Mutual Consent Divorce in order to maintain a peaceful life by you all.
Sudhir Kumar, Advocate (Expert) 25 November 2015
Jails are not as rosy and comfortable as they appear in movies.
T. Kalaiselvan, Advocate (Expert) 03 December 2015
As observed and well advised by experts above, it is high time that your brother severs his relationship with her by signing the MCD papers and to quit the married life with her immediately so that you and your entire family may sigh a relief thereafter.
Sudhir Kumar, Advocate (Expert) 04 December 2015
It will be good for the family to drop such a son like hot potato if he is bent upon to take you all into misery.

let him face the music of life all alone which he created all alone.

He has created a situation where you 67 year old dad was beaten with slipper. Much more misery and insult is forthcoming. No wonder your entire family is arrested in false charges and neighbors pick newspapers and attend relatives.

SO BETTER LET HIM BE BEATEN ALONE LET HIM BE ARRESTED ALONE.

V R SHROFF (Expert) 04 December 2015
If Girl want Divorce, give her.
File MUTUAL CONSENT DIVORCE, SO ALL OF U R SAFE.
T. Kalaiselvan, Advocate (Expert) 04 December 2015
The future fate of their married life has been clearly depicted by her that she will not be a suitable match for him due to her wavering and inconsistent mentality displayed now.
Therefore it is advisable that you instruct your brother to discard her relationship by signing the mutual consent divorce papers so that this may enable them to withdraw all their false allegations/criminal cases against you all, also your brother will be able to live his life freely without worrying about the possible humiliations from her home side.
Decide soon before things go out of your control.


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