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Sukhbinder Singh Bhogal (Head Operations)     21 October 2014

Spouse void marriage with me

Hi There to All Helper,

My arrange marriage took place on May 2011 where my wife had a Contract Marriage (as per therm) done before ours. This came into our notice after our relationship was fixed and was conveyed to all our relatives. Thus it took very hard to convince ourselves even after talks from my in-laws end, but anyhow we continued with a faith in mind it would bring in a good relationships. Things were not smooth since very beginning as my wife kept on finding issues with my family (My father, mother, elder sister(divorced and living with us)). I cleared all the things on day 1 so that there is no doubt in the relationship. There were always many interference from my in-laws side which I always used to speak to my wife so that she could make them understand as each families have their own living ways whether the standard being high or low. Next thing is I am very much against dowry and did not want to take any gifts from them(cleared this also in the beginning) but this is also not liked by them.

Now that we are blessed with a baby boy on this June, she started un-reasoned fights (includes throwing my mom on the floor) at home and finally she left home taking away our Son too.

Now I am into a dilemma what should be done. It is past one and half month she went off and my father on calls by them told in-laws to come and meet so that solutions could be found out. Feel like limits being crossed I want to bring her back but want to teach them a some lesson too.

Please find it serious and only add positive comments which can make this relationship a healthier one.



Learning

 12 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 October 2014

Dear,
 
File an Restitution Petition u/s 9 of The Hindu Marriage Act, 1955 and bring her back.
 
Adv Kapil Chandna
9899011450

Sukhbinder Singh Bhogal (Head Operations)     22 October 2014

Does this petition would teach any lesson to them - in laws and my wife too? Because I am fed up with their cleverness.

Adv. Chandrasekhar (Advocate)     22 October 2014

Reading your post gives the glimpse that you are very reasonable.  But what is the crux of the problem?  We are also not clear about 'contract marriage', which you referred to in first two lines of your query.  Till it is thoroughly understood about the crux of problem and her indecent, if not inhuman behaviour of throwing down your mother on the floor (if it is accidental, you should ignore it) and other similar incidents have to be analysed rationally, solution is far fetching.  Once solution is found, it is always better to bring her back by counselling without knocking the doors of court.

Sukhbinder Singh Bhogal (Head Operations)     22 October 2014

Adv. Chandrasekhar,  I would be more precise - 

1. Before moving into the relationship, I did explain the every minute details regarding my current scenario including the future plans and family issues (like my elder sister after divorce staying with us). The reason behind this was as we were kept in dark in the case of my both elder sisters, where we tried our best in the case of my second elder sister but things didn't balance and thus staying with us. My Father in law after knowing  the facts started creating issues like trying to bring some marriage proposals for my sister where multiple times making him understand that she is not ready for the second marriage as she is very hurt.

The facts which I discussed with my spouse and family were - 

  • Was looking for the girl who can adjust into my family
  • I wanted to do something of my own where I wanted my wife to stand with me.
  • Next very much against dowry where it was also disliked, I am amazed to see people who dislike the person who do not want to take anything. This fact also was cleared in the very first meeting.
  • spoke about my small house - they saw it and later that house became issue.
  • was not interested in moving abroad but still always could find pressure to this issue too. When I cleared all the facts then they should not create issues on.

2. About the Contractual Marriage, they were trying to settle abroad during 2006-07 hope so as till date I have not been provided any data regarding this. Now that, I with my sources (few days back) did get the guy with whom she was married and had a talk to him, which could provide some information like - 

  • They were to settle abroad with this practice
  • The guy was to give some payment on behalf of this service.
  • Initially (few days back over phone and mail) he were ready to give the Marriage certificate to me but on meet he refused.

Now the thing is, I would completely ignore things and did many a times but cannot digest interference from my in laws side. They used to call 3-4 times a day which went for more than half an hour be it skype or phone, where any day would have gone which my wife did not had a talk to them. 

Anyways, I need to find out a solution but along with have lost faith in her. I fear as she would again quarrel and thus want to find a solution where the in laws are also intimated not to interfere. I know I love her but right now when look into my heart, find no love for her. Being very honest, my temper is very bad but loose it occasionally and cannot digest lies.

Agree to you as Court is not the solution, but the day she left I tried to stop her a lot. Hope this could clear some of your vision, really feeling great that you find time for people like us.

Would wait for any more queries so that I can get a good solution.

Thanks and Regards

SS Bhogal

Adv. Chandrasekhar (Advocate)     22 October 2014

You are idealistic rare species in the present day world and your wife's family is avaricious and rapacious to the extreme end.  That is why, the problems are cropping up.  But your FIL's unwanted interference to settle a match to your sister is distasteful but not despicable.  Some people try to be very helpful invading your privacy despite your absolute refusal.  You are so broad minded person, you should not mind if she was talking with her parents half an hour a day.  Unfortunately, the incidents you quoted, in my opinion, won't allow you to get divorce decree.  So, my suggestion is that you should think it over before breaking the relationship. If this advice is not your liking and you want a legal break-up at any cost,  then in your case it is very simple.  Even the boy from the contract marriage refused to give you the marriage certificate, by some more probing from him or by engaging private detective agency, you can obtain marriage certificate.  Once you obtain such a marriage certificate, then you can go to court for declaring your marriage as void as without valid divorce decree with him, your wife is not entitled to marry you and your marriage is void ab-initio (invalid marriage from the very beginning).  If she has a valid divorce decree before she married you, then come back on this forum  for further solution. 

Sukhbinder Singh Bhogal (Head Operations)     22 October 2014

Adv. Chandrasekhar, I am honored for your reply. I have put light on not to break up, but liking your suggestion followed, if she fail reporting valid divorce certificate can I bring her back?

I know marriages cannot be done multiple times and think if things becomes normal with some lessons to them then would be fair in terms to both the families.

Even I was thinking on the vision suggested by you.

Thank you.

Sukhbinder Singh Bhogal (Head Operations)     15 November 2014

Adv. Chandrasekhar, am honored for your efforts where I did try to engage two people to collect the Marriage Certificate, the 1st person failed to reply and then 2nd person who is in the process of the search. Meanwhile do not know how they (my in laws) did get to know about this and visited us (FIL, MIL and BIL) last to last Sunday without notice and did do lot of mess at our street - my Dad Mom did try a lot to fetch them at home so that things could be sort out, but denial the fact they went off with the words they would not send my wife and my BIL threatened in front of everyone of our neighbor. Our neighbor did suggested us to call the Police but we kept calm and did not take any action (hope this is a mistake).

Now, today again they visited with many members and my wife and my son and this made me afraid and thus I rang 100 and gathered mob so that things does not mess up like the last time. Finally all after lot of discussion or lingual fight came to mutual solution to keep my wife with us itself. Now she is here I am not feeling happy, do not know why there is no sign of happiness.

Please suggest.

Adv. Chandrasekhar (Advocate)     16 November 2014

It is now very important for you to get the marriage certificate.  You engage a good detective agency and they will get you certified copy of the marriage certificate.  Once you get that into your hand, you can deliberate about the options available to you as per law.

Sukhbinder Singh Bhogal (Head Operations)     12 December 2014

@ Adv. Chandrasekher, You were very right as last Friday 5th December evening they came again with lot of people and a Policeman and within a minute took away my wife with most of all her belongings and Jewellery. Thereafter one of our in relation Uncle took us to his home as he was worried they could do something on me or my family as it was Friday.

The kept the same allegation of beating my wife and on asking her she replied to me "what else I left" and thereafter I did not ask any questions to anyone and hardly in a minute or two it happened.

The same morning we had a lingual fight on a small issue where they sent two people in the afternoon and had some questions to me like what are my plans for the future etc which includes whether I did use to beat her. In response to him I did swear my all gurus and replied honestly and while leaving they said they have stopped them (my in-laws) and again they might visit.

The evening incidence made me worried and had to speed up the procedure and today the Certificate is in my hand (hope its true in all sense).

Awaiting for your response along with I am following that Uncle who made us stay at their home for few days as hes the Municipal Counsellor of our area, really thankful to him too.

Sukhbinder Singh Bhogal (Head Operations)     17 January 2015

@ Adv. Chandrasekher, Now that I have the certified copy at hand and get the valid divorce with her, can I bring my son back?

Sukhbinder Singh Bhogal (Head Operations)     21 January 2015

Please reply as I am in dilemma and lost trust in everyone.

Sukhbinder Singh Bhogal (Head Operations)     05 May 2015

@ Adv. Chandrasekher, Hi Sir - for an update have not taken any action against her till date. My FIL did try to threaten us through sources but meanwhile the MC uncle about whom I discussed in previous threads did tell him about the certificate and said him to keep cool now. He said he had to do it as he was started looking for alimony of 20 lacs.

Need to bring back my son and thus please guide me what is the right procedure.


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