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shrikant (engineer)     07 May 2009

Marriage Problem

Hello Friends,

I married with my wife before six month, it was court marriage & i have legal certificate of that.
After 3 month of marriage completion she go back to home & let her family about marriage. After that her family not allowing her to come back to me, then i complaints in womens department of police that she is in under pressure & in trouble of her brothers. Then they present her in police station, at that time she given following statement (under pressure):

"Court marriage is true, my brothers are not agree for this marriage, thats why i dont want to go with shrikant, i want to leave with my mom & dad, i have no complaint against anyone".

After this matter her brother come to my home & discuss +vely, then he go back to home, then after 3 days he call me back & told that:

"If you need your wife you need to pay Rs. 5 lacs, then i will allow her to go back" Then i told him that you may apply for divorce, This condition is not acceptable. (i recorded this call on my cell)

After one month of this my wife called me back & said "shrikant please do something, I dont want to divorce you, i want to leave with you also please dont divorce me otherwise i will kill myself"


Also she told that "My brother & My family only looking for money, they can kill me for that & will get money from insurance, if is there no solution he will sell me & weds me to another boy without divorce or will force me to submitt divorce application, I cant come out from home to run, but i will try & i am facing lots of problem"

Then i ask her that "Can i come with police?"
then she said, "please dont do that, my brother will kill both of us on the spot then"

I also recorded this call.

I dont want to divorce her & she also dont want to divorce me, but under pressure she can apply for divorce.

If i am not signed the divorce paper, can she marriage with another one?
Can i present the phone call as proof in court?
If in under pressure she refused to come with me in court, & i dont sign on paper, then what will be the court ordered?
Will court order her to go with me then?

Also if they not apply for divorce, then what should i do? Please advice.
We both are Hindu & only matter is that marriage is intercaste.



Learning

 11 Replies

Swami Sadashiva Brahmendra Sar (Nil)     07 May 2009

you should immediatly file a habeas corpus petition before the high court.

shrikant (engineer)     07 May 2009

i want to know, is phone recording used as proof or not? this is also important.

shrikant (engineer)     07 May 2009

should i wait for her as she trying to run from next month from home?

Swami Sadashiva Brahmendra Sar (Nil)     07 May 2009

Sorry to defer mr. Rajan ! petition for restitution of conjugal rights will be fetal to habeas corpus petition. because habeas corpus is always based on wilingness of parties to live together , on the contrary RCR is always based on disinterest of opposite party to live with..

Swami Sadashiva Brahmendra Sar (Nil)     07 May 2009

further habeas corpus is instant remedy but RCR will take time. RCR will also provide more time to persons under who's custody the lady is , for manipulation and brainwash. the lady will be more likely to change her mind.

INGLE G.[ADVOCATE]9421657505 (lawyer)     08 May 2009

I THINK THIS IS USELESS N U R TIMEPASSING.BECAUSE U R ENG.AND U LOOKLIKES MOST CHUITYA.EVERYTHING IS HAPPENING  N U  STILL NOT LODGE COMPLAINT FIRST  AND SECOND GO TO PRESS OR NEWS CHANNEL

Prabhat Kumar (Advocate)     08 May 2009

I aggree with Mr. V.N. Tripathi

shrikant (engineer)     08 May 2009

is phone recording used as proof or not?

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     18 May 2009

Whether  U want to know immediate remedy for cohabiting with your wife or  phone recording can be used as proof ? Dr. V.N.Tripathi has clearly directed U . Making delay is showing your unwillingness cohabiting with your wife

shrikant (engineer)     19 May 2009

Now my wife is come back to me & given written statement to police comissioner that "I is feeling safe with me & my previouse statement was in under pressure becouse of my parents & brothers" also she requested for protection for me & herself, also she written that if anything happen if future against both of us then her family will responsible for that & police can take legal action against them.

Swami Sadashiva Brahmendra Sar (Nil)     19 May 2009

congatulations ! now  you can go to police aginst for protection against apprehended threats. if police are favouring your oponents, you both can file a joint writ petition before high court for a direction to not to interfere in your privacy and not to harass you.


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