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Author Topic: Cheating, Marital Rape,  (Read 1118 times)

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Offline Wacky

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Cheating, Marital Rape,
« on: May 17, 2015, 08:44:35 AM »
I am posting this on behalf of my Sister-in-law. She got married on March 10th 2015. .As per tradition, the girl comes to her house after two days and then is taken back by her husband within the next two days in that week with all her belongings. . .My SIL came back the alternate day to her maternal home but after that her husband avoided taking her back on one pretext or the other for the whole week. Finally my Parents-in-law decided to drop her themselves which my SIL's husband agreed to. When they went to drop her, there was a verbal argument between my SIL's husband and my MIL. Though he did come to see of my MIL in a cab, before parting my SIL's husband told (Or threathened) my MIL that her actions might put in doubt his and his wife (MY SIL) relationship future in doubt. . .Though nothing untoward happened in the next four days. . However on the fifth day, another woman came into the house when my SIL's husband was out for some work, and accused him of having an affair with him, impregnating her and then forcing her to abort on the false pretext of marriage. . Subsequently she filed a police complaint on the same lines and MY SIL's husband was taken to the police station as soon as he returned home that evening by the Cops. . .His own sister (who is married) also went to the police station. However, he returned back home the same night from the police station and stated the following to my SIL:
.
1. That the case was false.
2. The girl was an escort and doing this to get money from him.

But then he requested my SIL to go to her maika till he sorts the matter out. . My SIL came back home the next day itself. . .She spoke that day and the following day to her husband and his mother and sister too. However the day after that, when she tried to call her husband, it was answered by her mother and or sister only and they kept telling her that her Husband has gone to Gujarat on company work. . .My SIL went back to her In-laws home after three days after which a complete different Saga unfolded. . Both the Mother and Sister told my SIL that this girl was one whom her husband had liked and subsequently dated but they didn't approve of her marriage with him. . (so obviously the escort story as well case being false was wrong). . Secondly they told her that he had gone to Gujarat to avoid getting arrested by the police and they had hired a lawyer to get him anticipatory bail as well as fight the case in court. . . After she was informed of this, both her mother-in-law and Sister-in-law kept telling her that he can't contact them as he was absconding to avoid getting arrested and would be not reachable till at least he got anticipatory bail. . So my SIL  had no contact whatsoever with him (her Husband) over the next one month. . She was asked by her in-laws not to tell anyone in her maika about the case. . Also whenever she inquired if her husband was actually out of Mumbai, (because she suspected he might be in jail and they are trying to get normal bail for him), then why couldn't she talk to him on the phone, her in-laws gave her the excuse that their phones were being tapped and if he spoke with them then they would know where he is. . This kept continuing for a month and he supposedly got Anticipatory bail on May 5th and returned home on 7th May. . .My SIL didn't inform anyone here in her Maika in hope that the situation will improve after he returns back and she would handle it herself (but i guess also to try and save her marriage) . . .She was stupidly Naive. . However, ever since he returned, he has been completely indifferent to his wife (my SIL) and says that he doesn't like her. . Plus he is continuously chatting and talking with the girl who filed the case on him through mobile and whatsapp. . . When my SIL asked him why, he gave the reason that he is trying to convince her to withdraw the case against him. . He hardly interacts with my SIL, goes to work and comes back by 6 pm then again goes out alone and comes home at 10 pm. . . He continues having physical relation his wife at night but however, when my SIL confronted him after 4-5 days on his behavior. . .He said the following things to her. .

1. He doesn't like her but married only because he was pressurized by his sister to do so.
2. He liked that girl (who has filed the case against him) very much but didn't marry because his Mother and Sister were against it.
3. He says that his and her (his wife i.e. my SIL) will never have a good relationship as he is not interested in keeping it.
4. He says he will not even divorce her and would rather disappear and she can stay with his mom and serve her.

After this, my SIL then objected to having any physical relation with him if he didn't want to reconcile their marriage but he didn't listen and basically she was forced every night. . He didn't even allow her to visit her Maika and kept making excuses that his mother is not well and so she can't let her go. . He has even changed his mobile number since he came back and is not even sharing the same with his wife saying that his mother has it and she can contact him if needed and there is no need for his wife (my SIL) to have his number. .  . The next four to five days went along with the same emotional disconnect and forced physical copulation. .After this my SIL called us up the next morning and said that she can't stay with him any more and wanted to leave but was scared to make her demand openly to him. ..  Also, no papers are being shown to my SIL (FIR copy or bail Copy) though we did confirm (personally) that there is a case against her husband of rape and cheating filed in the local area police station.

This guy was not ready to let her go even after being persuaded and requested by my parents in law for only a few hours. . We then decided to visit them personally and ask again. . We managed to convince him after an hour long personal face to face persuasion to allow her to come to her maika at least for one day and he can come and take her back the same evening. . he eventually gave in but since yesterday when my SIL has come to her Maika, he has not bothered to even call her or check on her. . We had invited him for Dinner but he declined and there is no means to contact him .. We called his mother (whose number we had) but she keeps saying that he is not at home and he has not called back again. . His sister is away with her husband for a week long holiday and their mobiles are coming switched off. . . MY SIL wants to get divorced and at the same time wants all the expenses incurred by her family in the wedding to be paid but the advocates we visited tell us that Indian law doesn't recognize mental trauma and that unless we file a court case for cheating, divorce and alimony against her husband, there is no way the person will give her any alimony amount or the wedding expenses incurred. . My SIL wants to separate with no further trauma and we do realize that unless she can stand firm, there is no point in us pushing her to file a case.  . .

This is the case history but the one month when her husband was not there and the days after which he returned, MY SIL has been tortured mentally as being incompetent and in capable of taking care of house work. .She did all the house work herself daily with no help from anyone and still was tortured mentally. . At first when she use to say things like these, we advised her to improve and listen to her Saas and we ignored these things as normal saas-bahu issues because we didn't know anything about the case and when we inquired with her about her husband she always kept saying that he is out of Mumbai for company work. . Also her Saas even said to her that if she feels, she can actually take divorce since now there is a case against him.

Emotionally all of us feel heavily cheated by this person including his family because what we understand is that both the mother and sister knew about the other girl and that this guy was not interested in marrying my SIL but still went ahead. . .MY SIL had asked him why didn't he back out then and the excuse the guy gave that because the wedding cards had already been distributed and everyone was already invited. . .

There are also many more minute details which when added up only make us feel more cheated and angry. Want to know what all cases can be filed against him and is it advisable to do so plus is there any kind of counselling which my SIL can be made to take to help her. .

Offline saravanan.s

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Re: Cheating, Marital Rape,
« Reply #1 on: May 18, 2015, 05:25:56 AM »
noone can be forced to marry someone against their wish and its not ;legal too.instead of going for divorce under sec 13 hma (can be done only after a year of marriage) you can file a petition to declare the marriage as null and void on grounds of fraud being committed and this has to be done within a year of getting knowledge about the fraud.another advantage of declaring a marriage as void is your sil wont get the status of divorcee and her status will revert to single as it was before marriage

 

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