Soumya Singh 29 April 2020

Fraud marriage

I was married on Feb 2019 through arranged marriage. Me and my husband have jobs in diff cities, we were supposed to take transfer to a common location after marriage. My inlaws after our ring ceremony started forcing us for dowry. My husband then committed that he will return all the money after marriage but at that time their financial condition is low. After marriage, my husband and his family has abandoned me. They have ceased my jewellery. My husband does not allow me to visit him. He never calls when ( me or my parents) visit him he threatens us that he will commit suicide. After marriage their have been ,no physical, mental, psychological, emotional or s*xual relation between us. He smokes, drinks, behaves rudely and is a spendthrift. He is continuously harassing by ignoring me and threatening that he will commit suicide if we will visit him. No family member from his side is interested to sort out. Now I am sure that their complete family is morally challenged and it was a fraud. He is denying divorce. He has collected some false evidence against me. Some text mssgs which I have sent him after my emotionl brkdowns.
How should we procede now so that atleast we can claim our money and jewellery and settle for mutual divorce.
Please advise

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4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 29 April 2020

Hello Soumya!

Have you tried to speak with the relatives of your in laws who can try to mediate and sort out the issues? if not, then try it out.

Or Else you need to serve a legal notice asking for divorce and demanding your streedhan and also money and gifts were given by your family to them, including to your husband also.

Since, your husband has deserted by you not allowing you to co-habit with him and live a normal matrimonial life. You have all the right to file a divorce case against him.

Further, you can also file case Usec. 498a for domestice violence and cruelty metted out to you by husband and his family members.

Hope this would give you some fair idea as to what action could be officially taken up by you. You can reach out to me, incase of any further query.

Regards

Adv. Rohit Dalmia

Soumya Singh 30 April 2020

we have tried to talk to each and every relative so that they can sort it out my parents have personally visited my husband and tried to solve the matter ..but they are adamant they are not interested to to continue a normal married life
...Infact they are only demanding my father to come alone and visit his father and through a mediator they have conveyed that they had incurred huge debts for our wedding reception and my father should help me

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 30 April 2020

It is necessary on your part to immediately lodge a complaint before the local Police Station u/s 498A of the Indian Penal Code on the ground of dowry and cruelty(mental) exercised by your husband as well as by the relatives of your husband.For return of your Streedhan,it is necessary on your part to take action under Section 406 of the Indian Penal Code. As you are residing separately from your husband for more than one year,therefore, on the ground of cruelty, withholding s*x,desertion etc,you can file a Divorce case in the form of Matrimonial Suit.