wrong marriage
Pooja Gupta
(Querist) 28 April 2008
This query is : Resolved
Hi.. I need help.. I got married in Dec.,2006 with a guy in Mumbai through a matrimonial website. I stay in Delhi.. The profile shown on website was fake.. He was divorcee but shown as unmarried, educational qualification shown was fake.. Even he lost the job during intervening period of engagement n marriage but they never disclosed all this to us.. He told about his job lost to me after one month of our marriage when he got new job.. Other facts get discovered later on.. After marriage I found he is a very shaakkii person. He n his family never allowed me to talk any neighbor and keep on saying, ‘’our locality is not good , people over here r not good’’.. He uses to lie for very small things as well as on big issues…he used to abuse me and my relatives.. I used to remain always in my room n never allowed to talk anybody or go alone anywhere.. I complaint his parents they support him only n her mother use to say to me, ‘’u r a girl n u have to bear n at least he is not beating u’’… I came to my parents when he raped me n tried to make me pregnant against my wish… now I m staying with my parents for last nine months… they never call us to take me back.. Even if my parents call they use to say either signs the divorce paper or I have to live on their terms… I m stocked…
My father say take divorce n start new…
Mom says how we can let anybody ruined our daughter life like this… she should fight n stay there with all human rights..
I want … I want to see all of them behind the bars….
I don’t know what to do… kindly give a legal advice…
H. S. Thukral
(Expert) 28 April 2008
From the facts of the case, except for cheating you on personal details your husband has not shown any unusual behaviour. Men of possessive nature do behave like 'shakki' people. Sex with wives agasint their wishes though called a rape is not an uncommon thing.
You are to decide whether you can still love and live with him if not you have remedies available-( legal advice) Divorce, prosecution in criminal law, damages in civil law. (personal advice)- take time and use patience in taking the decision.
a.haridasan
(Expert) 01 May 2008
dear pooja , there is no procedure to sign the divorce paper for to getting divorce,and cosent of the both parties and presence before the court is essential.if ur cheated by the husband by making fraudalent things ,u can file a petition for nullity of marriage , for the declaration of marriage as a void one. other wise u can institute criminal compliant as wellas divorce petition.but u can not proceed rape against ur husband because there is no question of rape is arises in between the husband and wife,but it is quiet possible to file a petition u/s 498 A by stating all these grounds.
SANJAY DIXIT
(Expert) 04 May 2008
Dear Pooja,
Really Unfortunate.
According to present condition, you may apply for declaring your marriage as voidable ( on the ground of consent by fraud U/s 12 H.M.Act, 1955) . You may take limitation of one year from the date of knowledge of fraud.
