Hi All....
Recently I married with a girl in Feb 2013 as per Muslim customs . It was an arranged marriage so parents from both side was also happy to do my marriage. But when we take the Bride to our home and I went to her She did not allow me to touch and asking for divorce. I got shocked that What is just happen . I tried to convince her that tell me if you have any problem but she denied to tell me . I try to touch her because I was thinking that maybe she is hesitating then Suddenly She ran away from the bed and lock herself into the bathroom. I was amazed that what is this all happening. Then she start to tell me that she don’t like me and my family and She don’t want to marry me but her parents do her marriage forcefully. I just sit near the gate of bathroom and listening to her and I am also trying to get her out. But she was telling me that she’ll come at 10:00 AM. After a long discussion she tell me that take an oath of Quran that you never touch me in entire life. So after this all I take the oath of Quran and she tell me to sleep on sofa then she come. I went to sofa then she come out she tell me that “Don’t tell to your parents & I will also not tell to my parents”. I was so shocked that what happen to my life .
I didn’t sleep on that night but she sleep comfortably .I was weeping a lot on my roof and after one day there was a marriage of my sister also with my walima (Reception). I got so depressed .After few hours I tell all the matter to my elder sister. She went to her and ask her that what is her problem what she want even my mother say her to live separate with me to another place if she want. But she only say one thing “I don’t want to live here and I need Talaq” . My family was shocked. All guest was at my house.So we call her parents in the morning then they reveal the truth that She don’t want to marry me but her father give her torture and emotionally blackmail her to marry me. She also eat Poison one week earlier of marriage. We ask her father why you do this all with us he reply I was thinking she will get ok after marriage. Then our all family member come and try to convince her and her parents also try to convince her she give us ultimatum that if she stay here she will burn herself then we all family member got in fear.after lots of meetings and convincing session every person try her to convince even her parents and her relative also try to keep her at my home but she denied . So in the night around 1:30 am I gave her Talaq . in front of my all parents and relative and her parents and relative. They take her daughter and all the Dowry and Cash and All Jewelery on the same night. We take sign of girl and her father and here chacha on a stamp paper where we mention Talaqnama / Iqrarnama and mention that all dowry and stredhan is returned to her. We was so shocked and depressed .After around 12-13 days the filed a FIR against me and my family member where they charge 376,498a,406,34. They mentioned in FIR that first I give divorce to her then I rape her. I cant explain how much I was in tention. Police start to come to us but we all move from our house and the next day we file application for Anticipatory Bail. After a week of investigation and processing we got AB for my all family member except me . They put name of Eight(8) person in the FIR. Me ,My Mother,Father,Elder Sister,Newly Married Sis,one Younger Sis and My chacha and My Fuppa. We file AB for me but session court reject my AB.
We file AB in Delhi high Court after listening all the fact as They mention in FIR that I Rape her Judge ask for MLC but in MLC they only mention that “No external injury on body and patient is not willing to do gynecological test and Sample collection ”. So the Judge denied to confirm rape .Then Judge ask for Dowry . as investigation done before so our 25-30 neighbors give there witness that All dowry has been returned. But judge need some more evidence to prove this. Then we provide that agreement and some video clip made by a kid at that time. In video her parents are taking Jewellary & cash. The Judge of HC look like satisfied but she transfer our case to Mediation Cell. And give me a date of 26 September 2013.
And in the judgment she mentioned that :
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLN. XXX/2013
ME XXXXX..... Petitioner
Through Mr.XXXXXX, Advocate
versus
STATE NCT OF DELHI ..... Respondent
Through Mr.xxxxxx, APP for State
with IO
Mr.xxxxxxxxx, Advocate with complainant and her parents
CORAM:
HON'BLE MS. JUSTICE XXXXXXX
O R D E R
1. Pursuant to the last order, a fresh Status Report has been filed by
the State, wherein it is stated that as per the directions issued on the
last date of hearing, one compact disc had been handed over by the father
of the petitioner to the IO for examination. On an analysis of the video
recording, neither the father, nor the mother of the complainant were
found to be receiving back the dowry articles and therefore, it could
not be assessed whether the dowry articles were actually handed over to them.
It is further stated that money and
jewellery boxes were being exchanged by some persons, but their faces are
blurred.
2. Today, learned counsel for the petitioner states that the very same video recording
is available with him on an I-pad which can be perused and on enlarging the
recording, the faces of the persons who were exchanging the dowry articles,
can be clearly identified.
3. In view of the aforesaid submission, the matter was passed over to
enable the counsel for the petitioner, the IO and the counsel for the
complainant as also the complainant and her parents, who are present in
the court, to examine the said videography.
4. On the second call, learned APP for the State submits on
instructions from the IO that on seeing the videography with
enlargements, the face of the person who was receiving the money and the
jewellery boxes has been identified as the uncle(chacha) of the
complainant. However, the father of the complainant had not personally
received any of the articles.
5. The present case is an unfortunate one where the marriage of the
petitioner and the complainant had taken place as per the Muslim customs
on 23.2.2013 and on the very next day, i.e., on 24.2.2013 at 1PM, the
petitioner had divorced the complainant.
6. Learned counsel for the complainant states that apart from the
articles that were handed over by the family members of the petitioner to
the uncle(chacha) of the complainant, some money had also been paid as
shagun to the petitioner and his family members and the same has not
been returned till date.
7. Learned counsel for the petitioner states that if the parties are
referred to mediation, it may help resolve the remaining issues pending
between them.
8. The complainant and her parents who are present in court state that
they are agreeable to the aforesaid suggestion.
9. Accordingly, with the consent of the parties and without prejudice
to their respective rights and contentions, they are directed to appear
before the Mediator, to be appointed by the Delhi High Court Mediation
and Conciliation Centre, on 31.7.2013 at 3PM. The parties along with their respective
counsels shall appear before the Mediator on
the said date. The learned Mediator shall have discussions with the
parties and submit a report before the next date of hearing.
10. List on 26.9.2013 in the category of ?directions?, for reporting
settlement, if any.
11. In the meantime, no coercive steps shall be taken against the
petitioner.
XXXXXXX, J
Date
Now I am at my home and going for mediation .I have attended Two dates in Mediation but I don’t think so that metter will be solved there because father of My Ex-wife is demanding 20 Lacs and Although we have returned every single item she took with her .
What are your opinions? What I should to do ? Till now I didn’t got AB. But a hope is there.
Regards
