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shilpi (teacher)     01 April 2014

To overcome from the relation

respected lawyers, i have an enquiry regarding my marriage , i am a hindu woman and also married a hindu man who belongs to U.P and I'm from Kolkata married on 22nd feb 2014 by trusting him and his words. i met him in 2010 and he asked my help to make his career to help him financially . so without my family's knowledge i ve given him all my savings even though i ve taken loan too for continuing his studies nw he has completed his studies and working in delhi in a private sector . when i visited delhi in jan 2014 he was refusing to get married by saying that his family will nt accept this relation . so i went to the Tis Hazari court in delhi and done the instant marriage without his parents knowledge . nw he is saying that this is by forced marriage he has to do as he has taken the money from me . and he is totally ignoring to disclose this matter to any one. so my question what shall i do now? how to overcome from this problem? i ve no more money left with me. please suggest me i need your help.



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     01 April 2014

Whether you need your money back or you want matrimonial relationship?  If you require returnn of money, it has to be seen that whether you can prove that you have given the money. If you can prove that, then you can get back your money. If you want matrimonial relationship, then it requires emotional attachments, which it appears that from his side, it is lacking.  If there was physical relationship also and now he is backtracking, then it is not just a civil wrong and takes the shape of criminal offence.  If your marriage has been done as per Special Marriage Act before the Sub-Divisional Magistrate (he is the marriage officer in Delhi under Special Marriage Act), then you need not worry about his babbling that he was forced for marriage.  The court will not accept such excuses.  I hope I answered your questions. 

Samir N (General Queries) (Business)     01 April 2014

Shilpi, agree with Adv. Chandrashekhar. Do you have proof of monies paid to him? Hopefully by check/cheque? If not, say goodbye to everything because it is clear that he does not have good intentions.  He just wanted to use you and did so. You will be spending a good four or five years in Courts. Yours is a very very SAD story. If yours is a genuine case, may be some advocate on this site from your city or his will volunteer to help you for free. 


Remember that in a marriage when the opposing party's intentions are not to get back into the relationship, there is very little that can be achieved through the Court system in terms of recovery of personal/emotional damage. Only recovery can be of monies and that too may not be too easy. He can always claim that he was paying you back in cash...  


Be strong emotionally because you will need all the strength now to accept the reality.


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