Young couples divorce

I agree with shonee

Adv.  Chandu's words are not the words of an Advocate...they  are so filled with emotions...

I seriously doubt that he is a practicing advocate...

Does he have a fake degree? There are various available these days..

DF

 

It is not the boy's fault.This is the fault of his upbringing.I have seen such case with my best friend

whose FIL was womanizer and never had healthy relation with his wife.Whole life they spent fighting over these girl's issue.He even went to meet girls after retirement!!

NOw his elder son is my friends husband and he has a keeep and left wife with two minor daughters.

Now his affair is in full swing with that girl and his parents behaving like GANDHARI.

 

Mrs Jasvir Bath, wish you all the best.

Do you think law can build lives?  You teach a lesson to boy using law, but the girl's position will remain same.  Only if you succeed in mending the boy, you can keep the girl happy.  Any other course is one and same for the girl.  At the same time it appears he is wrong person for a right girl. It seems boy is a rich guy.  So he finds many attractive options.  He has no value for marriage.  He knows divorce can be taken.  But the guy needs some legal education.  He cannot go for a divorce on the ground that the girl is not smart.

 

 

However, for the girl there is no point in accepting a guy who gives preference to some other woman.  If there is any pleasure in taking revenge with that guy by not giving divorce to him (because he does not seem to possess any valid reason to seek divorce) because he has fallen for another girl, she can do it.  But I don't think good girls take pleasure in taking revenge.

Wish we don't use law to satisfy our evil instincts.

Could chandrasekhar please clarify his statement??

people, when they are hurt,  react to given situations in different ways depending upon their consciousness, convictions, physical and financial strength and also prevailing social norms and justice delivery system.

For example,

If "A" is walking down the street and a robber robs him, then "A" will react in any one of the following methods:

1. "A" simply allows the robber to go away with his loot, as the robber is a strong and dangerous fellow.

OR

2. "A" catch hold of robber and retrieves his looted property and let him go as he recovered his losses.

OR

3. After doing this 2nd step, hands over the robber to police for proper criminal trial.

OR

4.  After doing 3rd step, take follow up actions so that criminal trial reach to its logical end by sparing his money and energy to attend the criminal court to give evidence and to see that police is not bribed to save the accused and "A" discharges his reponsibility towards society.  He will not deter to the fact that the criminal trial take years together and in that process his hair may turn grey and the robber may have the chance of acquittal for want of evidence and all his efforts may go futile, but put his best efforts that robber be punished.

 ANOTHER ILLUSTRATION:

A landlord "A" gives his premises on rent to "B" for two years.  After two years, "B" does not vacate and harass the landlord.

Then "A" may follow one of these methods:

1. Request the "B" to vacate and if he does not vacate, resigns to fate, as in India judicial system takes years together (not less than 15 years from trial court to supreme court) and he has to burn a lot of money for litigation.

OR

2.  Engage goonda elements and throw him out of the premises by force and reoccupy the premises and face boldly criminal or civil cases, whatever the tenant may file against him;

OR

3.  Offer a lumpsum huge amount to the tenant (calculating that much amount he has to spend on advocates) and get his property back;

OR

4.  File eviction case against the tenant and spend huge amounts on litigation from trial court to supreme court, without having idea whether he would get his possession during his life time or  only his legal heirs would get it.

I have quite often seen in rape cases, even the victim's own family members discourage the victim to file complaint in respect of this heinous crime by saying that by filing criminal case, the IJJAT will not come back and it is better to keep silent so that respect and dignity cannot be tarnished in the society and the girl will get married smoothly.  They further argue that there is no guarantee the accused will be convicted and at the end of the trial, the accused will be acquitted, but the incident of rape is proved and the girl's life is spoiled.  The conviction rate in rape cases is also as low as only 35%.  As a conscious advocate, what advice do you give to rape victim?  To keep silent or to fight it out?

NOW IN THE GIVEN CASE:

The boy within 6 months of marriage has shown that he has extra-martial relationship.  He verballly abuses the young wife as not smart and ill mannered and does not like to cohabit with her with the sole intention of to keep alive of his extramarital relationship. The panchayat's intervention failed;

The girl may take any of the following actions:

1.  As no force in the world can force the unwilling couple together, simply forget the injustice done to her. 

OR

2.  She may wait for him to give divorce or move herself for getting divorce, without knowing whether she will get it or not;

OR

3. request the wrong doer to kindly grant her mutual consent divorce decree and wait for wrong doer's mercy;

OR

4.  file a Section 498-A case against the boy for mental cruelty that caused to her by the boy.  The definition of cruelty is being changed day by day by judicial decisions and its scope is enlarged keeping in view of the upbringing, social and family norms of the injured. 

If she is taking the fourth step there may be two reasons, first that the wrong done against her is legally punished.  Secondly that the wrong doer may not repeat the same wrong with any other girl.  But while taking such steps, it has to be seen that in India justice system is so delayed, it may take several years together to get justice.  This is the reason in our country, the wrong doers and criminals have a field day as the complainant victims cannot afford that much of money and energy to get justice.  The criminals have got such confidence that they can buy police, prosecutors and finally even complainants' advocates, so that justice is eluded to the victims.

So, in this case also, the victimised girl is preached sermons by several members that there is no strength in her case, the case takes years together and her hair will turn grey but she cannot live with the boy,  there is no use to file criminal case against the boy, criminal cases shall not be used to satisfy personal vendetta,  the advocates advising to invoke  section 498-A are only to make money, the people who are advising to file complaint under section 498-A against the boy are not advocates at all but have fake degrees and so on so forth. 

Now, it is the turn of the girl to take a decision that to leave the matter like that or to file a complaint against the boy to get the justic for the injustice done to her and also prevent him to repeat such things against any other sisters. 

Mr Chandrashekhar,

Pl. give me ur address. I do not want to do some tormenting, life spoiling act with you as happens in marital discord specially where marriage is based on cheating,misrepresentation,beating,dowery demanding etc.. I will just cause u a minor loss and then see ur saintly behaviour.

Respected Chanduji,

Very well defined and explained by you. Thanks. Pl. give similar options to boy in following two situations:

1. When he knew a girl with good manners and of his liking then why did not he marry her and instead narried another and then cheated her and then wants to keep relations with other girl.

2. Post marriage he has spoilt marriage and while he has one bird in hand and another in bush but the innocent girls life and dreams are spoilt. What are the four options before him . Pl. give in similar way.

By the way you are quite enlightened and sane person. And sane and wise persons were never liked be it Budha, Mahavir, Jesus, Gandhiji, Sant Tukaram, Mira bai , to onwards. So never fear the criticism. Gandhiji took bullett then surrendering to ignorant and fanatic. Pl. ignore the ignorants. I do same Osho did same ...

Dear Ld. Chandu,

 

What is Justice? 

 

10 years wasted in litigation and the same result, just the quantum would change and lawyers would charge a hefty fee.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

One Mr. Rajender Goel in his thread "girl concealed harmone disease before marriage" sought a legal advice. Sh. Sonee gave the following legal advice: 04 October 2011, 13:30 Shonee Kapoor Manager - S/w company [ Scorecard : 1923] Hmmm, There is another thread going on about similar problems. If you have decided to fight this cheating, fight it out. Giving in today would mean giving in forever, Regards, Shonee Kapoor harassed.by.498a@gmail.com How contradictory his advises are with the change of enquirer's gender? For a girl he is warning that her hair will turn grey seeking justice and justice will be eluded at the end. For a boy, he is encouraging to fight it out till end.

Some people loose their balance and become biased. Everyone can not be enlighetend. So may god give bearing capacity to bear such persons who may be intelligent, knowledgeable,and may be genuinely sufferiing but have micro view of life and become mean. We find such persons everywhere. God bless all.  

@ Mrs Jasvir Bath.

First think, If you blame the boy that he has relation with any other girl. Is it adult type or just a formal business relation.

If it is adult type then you need proofs before approaching anywhere.

If litigiation from your end is senseless, Then boy is right in this case.

So first analyze the situation, Before any further action & then act accordingly.

 

Regards,

Abhinatre Gupt.