Dear Lawyers Hello,
i got married(intercaste) in may 2009 with my girl friend(brahmin), but later after a week my in-laws arranged a marrige for us in front of my parents & their well wishers. Even though they had married again to both of us my in-laws doesn’t like this marriage
before there is small story to say…..
My younger sister got married to my wife’s brother before my marriage in 2007, but both were separately in their respective houses. No one knows that they had an affair. There is no proof of their marriage.
Once my marriage has been done my sister left our house & went with him, but there they were separate till Mar ‘ 09. From April ’10 there were living together .
But later my in-law(wife’s mother) says “her son is only taking care of her as a care taker & they didn’t get married to each other”
After 5 months of my happy married life, i have send my wife to my in-laws house to complete her PG project work & just to see her parents & to discuss about my sister issue. She said she would back by feb-march ’10. I accompanied my elder sister to leave her at my in-laws house on Oct 28th ’09. she was fine on the day she left me.
She was in touch with me till Dec’ 09, when ever she called me she said ”ther is no mistake of my brother “. Later in feb ‘ 10 when I called her she would said “she would not be coming back” I was disappointed. My in-laws influence is more on her.
Again in 04/04/10 when I called her she said “I will put u &
Note: here my younger sister is living her with her brother
Later Again in 04/04/10 when I called her she said “my brothers life is important to me” assumming this I understood that her brothers life may be in trouble, if she comes back, even her mother supports in this issue.
Now she is totally changed by her mother & brother
Finally she filed as case on me 498(a) & maintainence
Note:But in the FIR her signature does match
My questions:
1) Which marriage is valid 1st or 2nd because both are not registered
2) I doesn’t want to give divorce to my wife, I have confident that she will change later(in a year), because before marriage she waited 9yrs for me to get married & cancelled 2 marriage proposals because of me. She is just thinking of her borother of the moment.
3) Will I be in jail, if I cant pay maintenance, which is not in my reach as I have to take care of my old parents who doesn’t have any financial support
4) Can we file any case against my brother in-law(wife’s brother), as my
in-law(wife’s mother) doesn’t want her son to be in deep trouble & my
in-law(wife’s mother) will ask my wife to withdraw case against me
5) How many days will take to get anticipatory bail.
6) what will happen in if I say that I doesn’t want to divorce her
advice please very urgent
Gagan Shourie