sachin (je) 10 September 2013
my marriage was inter caste love marriage.bt aftr marriage i came to that my wife is engaged with a guy by her parents now her family wants that she sd married with that guy.n my wife also wants same.she left me 3 months b4.i dont hv any cont with her.in her family everybdy changed their mob no.they r trying to escape fm this marriage.now what i do. i m so dippressed. local police stn is not taking my fir. what should be my first action.
A Blank Diary of Life (MD) 10 September 2013
Tajobsindia (Senior Partner ) 11 September 2013
1. Do you have valid proof of this marriage?
2. If yes, then contact locally for hiring an Advocate and via him file a HCP in State’s HC with Application for injunction so that she is not married off to another person in a subsisting marriage.
3. The ground for your HCP is that you approached police and police refusing to lodge FIR of missing wife and probably she is held captive against her wishes by unknown relatives and chances of her re-marriage in a subsisting marriage there.
4. Once your HCP admitted Hon’ble HC will direct police to produce upon her before the State’s HC. Before the Bench she has to answer, if she was held back against her wishes and if she is ready to rejoin you. The moment she says she does not wish to then your marriage is ready for dissolving based on ‘grounds’ available as per your Personal Laws. Flip previous sentence and if she says yes she wants to rejoin you then your marriage is thus saved.
5. You have other remedy available too that is filing in a Family Court RCR petition along with a ex-parte civil injunction application praying to Court to grant you ex – part relief of her not to re-marry till decision of RCR cometh.
6. You still have yet another remedy available that is via social efforts i.e. gather mature relatives and visit her home un-announced. Mature relatives will try making sense to her – her side of family and if they agree to send their daughter then and there then matter closes and if not then call local police and narrate the refusal along with a one page application and police is duty bound to pay a visit to her home then and there and accept the application and give you stamped / signed receipt which will help you later in invoking your personal laws for civil dissolution of your marriage.
7. Choose the first action as per your capacity. Ideally para 6 first then either para 3 or para 5 is process flows which all falls under civil ways of seeking relief of your marital rights.
[HCP = habeas corpus petition
RCR = Restitution of Conjugal Rights]
Samir N (General Queries) (Business) 11 September 2013
First think practically, decide your goal, then how to attain it. If required, resort to legal proceedings to attain your goal. Simple? Now, your wife has left you voluntarily and she wants to marry another person. That should end any desire for you to get her back or to be depressed. Depression is a sign of weakness. So, overcome that first. The only thing that you should be concerned about is that your previous marriage should not void your future marriage. So, just inform the other side that its OK for her to go and get married but only after voiding the existing marriage in the interest of both parties. Do so only through intermediaries and not in writing. If they are ready. Fine, start legal proceedings mutually to meet that objective. If not, you start legal proceedings unilaterally with that as your ONLY goal.
You should not worry about her marrying another person while she is married to you. Thats not your problem. Thats hers and her husband's. Do not file any petition to restrain her from another marriage. On the other hand, let them get married. Then you can use that to seek divorce. It will be very easy for you.
Do not file any RCR (restoration efforts) with genuine intent to get her back. That would be very stupid of you. Do you really want a woman who is forced to live with you against her wishes? The only reason that you may do so is to show evidence in your divorce petition that you tried to get her back. To that extent, and for that reason only, file one. Of course, in the hearing, you pretend that you really want her back.
Simplify things, shed emotions, think rationally, have a PLAN in place, act accordingly only.
And I cannot leave without giving you the usual advise: ADVOCATES ARE IDIOTS OR CROOKS. SO, BE CAREFUL ABOUT THEM. DO NOT SIGN ANYTHING THEY SHOVE IN FRONT OF YOU AT THE LAST MINUTE. MAKE SURE THAT YOU HAVE AT LEAST A COUPLE OF DAYS TO REVIEW AND UPDATE/DELETE/ADD TO IT. DO NOT DISCUSS YOUR ENTIRE STRATEGY WITH YOUR ADVOCATE. ADVOCATES ARE LIKE PROSTITUTES. THEY WILL SELL WHAT YOU HAVE IN MIND TO THE OTHER PARTY. MOST OF THEM DO THEIR LLB BECAUSE THEY COULD NOT GET INTO ANY OTHER ALTERNATE COLLEGES LIKE MEDICINE, ENGINEERING, ETC. THAT SHOULD TELL YOU ABOUT THEIR IQ.
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