Pooja (pvt) 16 April 2014

What can we do ?

this is on behalf of my friend who is in trouble due to his marriage kindly guide your best

Both are hindu and major got secretly married under special marriage act in Jan-2013 and were living separately since marriage but after 5 months both family come to know and girls family put pressure on her to stop relations with my friend so since den both are not in contact its now allmost 10 months no talk between them

my friend tried best to talk to her and her family but her family not ready to talk and no response till now. even she is not answering calls, sms no reply at all and when my friend went to meet her at home he was warned of police complaints for harressment n all but my friend never done wrong to her.

there is no court case yet from any side and as per known resources she is ready for divorce as her family is forcing her to do so. but my friend not ready to divorce her he loves her a lot and wants to continue marriage. but right now no talk between them and family also not coming forward so everything is just quite from alst 10 months. need some suggestions from you all people.

hope you help and we can try to save his marriage if possible

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9 Replies

mahavir singh (ADVOCACY) 16 April 2014

Just call09910657998 mahavir singh advocate. We provide solution for this.

Adv k . mahesh (advocate) 17 April 2014

1. initiate some well know person to her family and try to talk and settle the issue

2. have you complain in the police station about your wife missing and if you both are major then no problem

3. keep the original certificate in safe and give a complaint but before that talk to her

4. because after police complaint if your wife refuses to come with you then even police cannot do any thing

Pooja (pvt) 17 April 2014

Mahesh sir, we already tried best to talk to her and still trying same but no use her family members are not willing to support we are helpless and we dont want to involve police and hamper her reputation in society so we are quite and we even involved elders to talk to her and her parents but nothing worked.

her parents even tried to fix her marriage somewhere else but nothing worked we got to know from some sources and they are trying to hide this marriage in society so that they can do second marriage asap.

as per i know after one year of marriage they can file for divorce but its been 15 months now to marriage but if they want to file divorce they could have filed by now but nothing that kind of done till now we are confused what to do now

we want to avoid going to courts and police n all so we are waiting for their action

just guide what they can do in this kind of situation or what you think what they are waiting for now ?

Shantanu Wavhal (Worker) 17 April 2014

without dissolving this marriage, if the wife gets remarried, then she commits bigamy and will be punished u/s IPC 494.

solve the matter amicably

let her get remarried then teach her a lesson.

the husband can also file complaint of kidnapping against in-laws. but later if wife says that she has willingly left with her parents and the husband forcibly married her, then the husband himself will get in trouble.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 18 April 2014

From the given facts it can not be legal marriage.

As it happens in such cases some enterprising touts may have got them notary certificate.

Otherwise the certificate may be under chapter III provisions which can always proved to be fraud.

SIMPLE SOLUTIONS FOR COMPLEX LEGAL PROBLEMS.

Pooja (pvt) 20 April 2014

Mr. Santosh, for your kind information its a legal marriage, Registered under special marriage act with 30 days notice and presence of 3 witness and we have a marriage certificate copy with us. so no way its fraud or anything like that.

Mr. Shantanu, i agree with you but we have no intentions to file police complaint of her kidnapping as we know she is willingly staying with her family and not coming forward and second marriage of her is not done yet but her parents are trying same.

can any one tell me if after 18 months of separation she file divorce case and will divorce granted to her on this basis ?

Shantanu Wavhal (Worker) 20 April 2014

we know she is willingly staying with her family and not coming forward and second marriage of her is not done yet but her parents are trying same.

let the enemy commit the mistake first. then u can teach her a lesson.

can any one tell me if after 18 months of separation she file divorce case and will divorce granted to her on this basis ?

yes, she can file.

dont worry. divorces are not granted easily in courts.

granting divorce is exception ... denying the same is the rule.

Adv. Chandrasekhar (Advocate) 20 April 2014

As the elders talk failed, if u want to settle the problem u HV no option except to to lgl course. First send legal notice to her n her parents explaining criminal law consequences if she marries again. Next file rcr case and there the judge gives opportunity both husband and wife sit together excluding parents to settle the problem and judge also helps them to unite together nullyfing the parental pressures.

Pooja (pvt) 20 April 2014

Shantanu, Thank you very much for the clarity.

Adv Chandrashekhar, thank you very much for your suggestion, but sending notice and filing rcr case is what we thought and we also planned some where 6 months back when all talks failed, even meetings were called off after talk. so right now going for rcr is not we are thinking or any notices as we personally feel she and her family may feel we are trying to spoil their image or reputation by doing so. we are waiting for their action, just guide us are we doing right thing or we may face some problems if we wait like this now.