Rashi (entropernure) 18 September 2013

Divorce claws

Hello,

I’m seeking help in the following situations

1. Marriage proposed by the groom side

2. Groom’s family from Nepal (high class)

3. Bride’s family from India (lower middle class)

4. Court marriage happened on 13^th May 2013 (Indian law)

5. Bride stays in India and Groom in Nepal

6. Both party staying separate as no social marriage has taken place yet

7. Social marriage to be held by the 3^rd week of Jan 2014 (tentative) as the Grooms immediate brother may not be able to attend the ceremony before that as he is USA

8. Bride is the financial support member of her family, so she decided to work till the marriage is decided, yet the groom’s family is forcing her to leave the job 6months prior and sit back at home.

9. Groom changed mind as he feels that the bride is not emotionally attached with the grooms family as she doesn’t call them on daily basis as its expensive to call al family members as they stay in different countries (Nepal, Taiwan, Bangladesh and USA) (to be noted that they are not staying together nor staying in the same country)

10. Both family meet to resolve the problem which got resolved temporarily as after 15 days again the grooms father is looking for reasons to negate the marriage.

11. Dowry related proposals:

a. Groom’s father wrote email to bride stating that they want dowry free marriage

b. Just after engagement the groom’s mother very casually asked brides father to gift his daughter gold worth 12-13 Lk, to which bride’s father denied politely stating that its beyond his capacity

c. No conversation related to dowry happened till court marriage

d. After court marriage groom’s father advised brides father to sell the property gifted to bride by her maternal grandmother stating “my son would not ever come to stay in India” and use the money for buying jewelry, to which the bride’s father again denied

e. During the last meeting after resolving the issue the groom’s father directly asked as to how much gold is purchased by the bride’s family till now.

12. Hence no documented pressure yet for the dowry.

13. Mistake by the bride’s side:- she is working with a call center but she hided that info and mentioned that she is employed with the MNC

Q 1. Can the groom’s family demand divorce on the ground of cheating as she has hidden the area of her work?

Q 2. Can groom’s family demand divorce basis that the bride is not taking the initiative to gel with the groom’s family?

Q 3. How early can the divorce be filed from either side?

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4 Replies

Tajobsindia (Senior Partner ) 18 September 2013

Originally posted by : Rashi
	XXX Q 1. Can the groom’s family demand divorce on the ground of cheating as she has hidden the area of her work? Take – No. a independent Call center and a Call Center run by an MNC almost now-a-days have roughly the same pay scale, the difference is in work culture, promotions as far as overseas opportunities and in ambience is my view . Q 2. Can groom’s family demand divorce basis that the bride is not taking the initiative to gel with the groom’s family? Take - No. it costs to make ISD calls and if he pays she jolly well may call every day all hjis relatives of his side. Q 3. How early can the divorce be filed from either side? Take - First under personal Law the marriage was Registered? Be it so no action from either side most probably may happen before 1 year of marriage. Advice - Elders should make more efforts to sustain the parties marriage with what is – where is of family status basis or help them part ways amicably with no criminal cases but via Civil Laws usage based once bar of limitation to file divorce is crossed over which is 1 year minimum unless extreme hardship grounds taken..

T. Kalaiselvan, Advocate (Advocate) 18 September 2013

If the marital life has actually not started despite both are legally wedded, then for divorce on mutual consent shall be filed after a year of the marriage, however cruelty in the form of dowry demand and other related issues should be a ground, the female can seek the help of court of law for reliefs at any time, however, if there are chances to patch up the differences and live together, exhaust that source first.

Rashi (entropernure) 20 September 2013

There is no recorded or writen proof for the dowry demanded by the Groom's party

The recent update is that the groom's father sent the groom's maternal uncle (mama) with a verbal message asking the bride's father to withdraw the marriage stating "Rishte me khatas aa gai hae, isliye aap rishta wapas le lijiye".

Although the bride's father has denied but yet are there any chances to do so within a year time?

We have also got some clues that they have been aproched by some other girls father for marriage with lot of dowry (as no relatives from the groom's petarnal family participated in the engagement or the court marriage, only the meternal family attended) and so not many people are aware of the alliance in nepal, however from the bride side the entire family, relatives and socity participated and thus are aware of the marriage.