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Author Topic: Marriage issues living alone form 1.8 Years.  (Read 704 times)

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Offline prav1990

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Marriage issues living alone form 1.8 Years.
« on: May 10, 2016, 02:52:41 AM »
Hi Sir,
I am Praveen age 26 I loved a girl in 2012 and both of our parents were against us and had lot of fights between our two families since then in 2013 I left to Bangalore for my job and I promised her in spite of our family issues to marry her, later she was not in contact with me for couple of months I was upset and when I came to Hyderabad in 2013 December to meet her I caught her with her other office guy and when I took her mobile I came to know about there long lengthy love affair through her watsapp conversations I really felt bad and I cried and I ignored her from that day, I went back to Bangalore and doing my job without in contact with her, after 6 months in June 2014 she and her parents went to police station and filed a cheating case against me on promise of marriage against me U/S 417 and 420. Then my layer applied an anticipatory bail and in the process of AB, the police had came to me and took me to Police station and forcefully convinced me to get married to her due to that
pressure I nodded and next to police station there was a church on the same hour the police people and there parents and there area leaders did our marriage on 30 Aug 2014. after marriage we went back to police station and she given a compromise written letter to police about the case she filed. Next day I took her to Bangalore I was made my self positive about what happened to live happy together within one week when I left to office without my notice she came back to Hyderabad alone and she complained to the police that I was torturing her. Then police called me to come to Hyderabad then I came to
Hyderabad again police people gave counselling to us to get compromised. Again I compromised and I was in her house for 2 days, Again when I saw her watsapp she was in contact with that guy and she was not good with me so when i tried to explain the same to
her parents they bet me badly and they complained on me saying I was beating her in her house. Since then till now its 1.8 years she is staying in her house without in contact with me the problem is still my case filed before marriage is continuing every month I am going to court she is not in contact. I am afraid to go to her house and talk I don't know what to do weather I need to wait patiently or don't know what to do regarding my on going case and how to approach to a better solution. Please suggest.

Thanks A Ton,
Praveen

Offline rajgopal sripathi

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Re: Marriage issues living alone form 1.8 Years.
« Reply #1 on: May 10, 2016, 07:03:32 AM »
Hi Praveen,
If your wife has not been living with you since 1.8 years and since the domestic violence case proceedings are also ongoing, i suggest you should file for a divorce on the grounds of separation and irretrievable break down of marriage.
You need not wait for for closure of DV Case to file a divorce case.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advjaibansal

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Re: Marriage issues living alone form 1.8 Years.
« Reply #2 on: May 10, 2016, 11:02:29 PM »
Dear Praveen,

Divorce on the grounds of desertion cannot be filed before two years of desertion and there is no provision for taking divorce on the grounds of irretrievable break down of marriage. You can file for divorce on the grounds of cruelty.

DV case filed after separation of one year is not maintainable as per SEction 464 of Criminal Procedure code. now there are numerous judgment that after one year of separation DV Case is not maintainable. Please check if the same is filed after one year of separation then you may file an application for dismissal of the DV Case. I will provide the relevant judgments to that aspect.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline prav1990

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Re: Marriage issues living alone form 1.8 Years.
« Reply #3 on: May 11, 2016, 02:18:16 AM »
Dear Rajgopal Sripathi Sir / Jai Bansal Sir,

First, Thanks alot for replaying,

I have couple of issues to clarify about:

1. My wife did not filed any DV case against me after marriage, the only case running is the case filed before my marriage (June 2014) was under section 420 and 417 as cheating on promising of marriage for which I am out on AB and attending the court regularly and they are not even bothered about that running case. Is it possible to close/dismiss that case?

2. Do I need to still wait on the running case and not to be in contact with her? Is it correct what I am doing or do I need to take some necessary steps now.

3. As her father works as police constable they have lot of support from police and political leaders so they are very arrogant they are threatening my parents and relative and saying they will come to court when I visit the court for attendance and they will beat me and go to T.V media and inform about me to damage my family in society. How should I handle this?

4. If they are not willing to settle the issue with divorce and If she files any case (DV/498a) against me in future how should I respond to it? If they won’t agree for divorce is it possible to file a divorce after 2 years of marriage? what is the process?

Thanks & Regards,
Praveen
« Last Edit: May 11, 2016, 02:20:02 AM by prav1990 »

Offline advjaibansal

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Re: Marriage issues living alone form 1.8 Years.
« Reply #4 on: May 11, 2016, 08:12:23 PM »
Dear Praveen,

Please file a quashing petition for quashing the 420 case before the High Court. Once the present case is quashed then you deal with other cases. However, you are at liberty to file divorce petition on the grounds of cruelty against the wife. You can file for divorce now or after two years, i.e. up to you. If you file after two years of separation then you can also add desertion as a ground for divorce along with cruelty.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline prav1990

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Re: Marriage issues living alone form 1.8 Years.
« Reply #5 on: May 14, 2016, 11:49:54 AM »
Dear Sir,

Thanks a lot for your suggestions,

1. What is the better and faster process of applying a quashing petition for 420 and 417 and how long will this process take?

2. As per my current situation quashing this case can be done for 100% sure to close my case? On what grounds I need to provide for applying quashing in High court?

3. In this process as they are not willing to compromise will the court again consult them for their opinion?

Please suggest.

Thanks & Regards,
Praveen
« Last Edit: May 14, 2016, 11:51:39 AM by prav1990 »

Offline advjaibansal

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Re: Marriage issues living alone form 1.8 Years.
« Reply #6 on: May 16, 2016, 10:50:22 PM »
1. What is the better and faster process of applying a quashing petition for 420 and 417 and how long will this process take?

Ans:- You need to file a quashing petition in the High Court under section 482 of Criminal Procedure Code on the grounds of compromise and then marriage with the complainant.

2. As per my current situation quashing this case can be done for 100% sure to close my case? On what grounds I need to provide for applying quashing in High court?
Ans:- You may need the consent of your wife to quash the proceeding but even otherwise as you have married to her, your case may be quashed being no grievance left with the wife under the said complaint filed against you.

3. In this process as they are not willing to compromise will the court again consult them for their opinion?
Ans:- If she is not willing to give her consent then court may certainly ask her reasons for not giving her consent even after marriage.

Regards,
Please suggest.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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