Legal A Woman's Trauma

[rajneesh madhok]

V. Imp. l. send your bill for approval before replying :

If U are unable to then pl. pl. forward me address of those who can reply
on above issues or pl. forward this mail to them.

1. If before marriage groom does not disclose the existing
relationship then is that OK?

2. If parents of boy knew about the very intimate relationship of
their son with another girl

Still if they hide the fact and get married their son to another girl is it
OK?

3. If after marriage the husband keeps on texting SMS to the old girl
friends, insults the wife, tries to see to see the old girl friend then is
that OK?

4. Can he continue to keep his flat and cupboard full with photos,
album, love letters, gifts of his premarital affairs?

5. If out of frustration of his old relationship hounding him he beats
his wife then what law says about it?

6. When parents of bride/ girl intervene then they are abused and are
told that because of your intervention their marriage is being spoilt. Does
law say anything about blaming parents of girl who have been cheated, beaten
up, banning her from contacting parents telling her to not to visit her
parents?

7. Can girl files an FIR of cheating and misrepresentation, hiding
illicit relations which continue post marriage against husband? Against
parents in laws? Against common relative who proposed this relation inspite
of they knowing his existing deep affair?

8. What is police supposed to do if girl files an FIR of cheating and
misrepresentation, hiding illicit relations which continue post marriage?

9. Which court this matter will go to a family court or criminal
court?

10. What are the other remedies to a affected girl?
===============================================
I got E-mail on the above mentioned issues from a woman. Kindly suggest the way out.
Rajneesh Madhok

 

[spnadmin]

rajneesh madokh ji

I have moved this thread to Legal and Advisory. I am also unclear of the background for the article. Would you give us a paragraph in your own words that explains why these list items are significant? Thank you

 

[rajneesh madhok]

Actually this girl got married with a boy against the wishes of her parents. Actually she became the victim of that person's False love. At this stage she needs people's point of view, as she reflects the phenomena happening in her life. The passion that makes her fall in love and to tie nuptial knot with a cheater has put her in a traumatic stage. The expert opinions of the members can make her life worth living.
So, kindly suggest the best way out to cope with this situation.

 

[Taranjeet singh]

1. If before marriage groom does not disclose the existing
relationship then is that OK?
2. If parents of boy knew about the very intimate relationship of
their son with another girl
Still if they hide the fact and get married their son to another girl is it
OK?
3. If after marriage the husband keeps on texting SMS to the old girl
friends, insults the wife, tries to see to see the old girl friend then is
that OK?
4. Can he continue to keep his flat and cupboard full with photos,
album, love letters, gifts of his premarital affairs?
5. If out of frustration of his old relationship hounding him he beats
his wife then what law says about it?
6. When parents of bride/ girl intervene then they are abused and are
told that because of your intervention their marriage is being spoilt. Does
law say anything about blaming parents of girl who have been cheated, beaten up, banning her from contacting parents telling her to not to visit her
parents?
7. Can girl files an FIR of cheating and misrepresentation, hiding
illicit relations which continue post marriage against husband? Against
parents in laws? Against common relative who proposed this relation inspite
of they knowing his existing deep affair?
8. What is police supposed to do if girl files an FIR of cheating and
misrepresentation, hiding illicit relations which continue post marriage?
9. Which court this matter will go to a family court or criminal
court?
10. What are the other remedies to a affected girl?

Dear Mr. Madhok ji,
I may add something that may be useful/helpful
1. It is presumed that Both the parties have checked up the credentials i.e the boy and the Girl and that something was not disclosed prior to the marriage, is not acceptable to the Courts on this premise.[Q.1 and 2]
2. Regarding 3,4,and 5; the provisions related to 'mental cruelty' would be attracted .There are remedies available to the ladies.
3. Re 6. the provisions of IPC would be attracted in so far as beating and abusing is concerned.
4.re7. There is a provision that is called as 'criminal Breach of trust'.FIR may be filed but the case has to be filed in the concerned court of the state. Court has to be properly convinced about the facts. Likewise having illicit relation can form the basis of 'divorce,if prayed for.
8.Police would not generally take an active steps. At the most it may make preliminary inquiry.The solution lies in lodging a proper FIR under some other sections of IPC as well.
9. For anything other than divorce etc, the court would be either civil or criminal depending upon the nature of FIR filed and also as per the Police inquiry.
10. Other remedies may include the relief under' Mental Cruelty' under Domestic Violence Act,2005
All said and done one should consult a criminal lawyers. Family courts are meant for purely matrimonial matters related to Divorce and maintenance.
It is the best I could suggest as per my little understanding of the things.
Regards!

 

[spnadmin]

Dear Mr. Madhok ji,
I may add something that may be useful/helpful
1. It is presumed that Both the parties have checked up the credentials i.e the boy and the Girl and that something was not disclosed prior to the marriage, is not acceptable to the Courts on this premise.[Q.1 and 2]
2. Regarding 3,4,and 5; the provisions related to 'mental cruelty' would be attracted .There are remedies available to the ladies.
3. Re 6. the provisions of IPC would be attracted in so far as beating and abusing is concerned.
4.re7. There is a provision that is called as 'criminal Breach of trust'.FIR may be filed but the case has to be filed in the concerned court of the state. Court has to be properly convinced about the facts. Likewise having illicit relation can form the basis of 'divorce,if prayed for.
8.Police would not generally take an active steps. At the most it may make preliminary inquiry.The solution lies in lodging a proper FIR under some other sections of IPC as well.
9. For anything other than divorce etc, the court would be either civil or criminal depending upon the nature of FIR filed and also as per the Police inquiry.
10. Other remedies may include the relief under' Mental Cruelty' under Domestic Violence Act,2005
All said and done one should consult a criminal lawyers. Family courts are meant for purely matrimonial matters related to Divorce and maintenance.
It is the best I could suggest as per my little understanding of the things.
Regards!

spnadmin note: Since legal questions were raised in the original article, the thread was moved to the Legal and Advisory section. Also, because the original article raised legal question, I asked for some additional background. I am going on the assumption that respected rajneesh madokh ji was not raising questions for purposes other than understanding the legal context surrounding an individual problem.

Mr. Tarangeet Singh is an advocate familiar with provisions of Indian law. Therefore, his response has been retained.

I have moved respected Soul_jyot ji's reply to a separate thread in the Relationships section, under the title Coping with a Breakup or Divorce.

 

[kds1980]

http://www.lawyersclubindia.com/forum/default.asp

http://legalservices.co.in/forum/

It is best if you ask these questions on above legal forums

 

[Gyani Jarnail Singh]

We must be aware that there are many "Quacks" offering marriage advice...and some wear "religious Garb" or even hide behind the SGGS...picking various shabads that sound like Guru Ji is talking about worldy marriage/love probolems etc...and mislead or worse ENTANGLE the hapless women into their own traps...and the woman is much the worse for such "help"...CAVEAT EMPEROR !! BEWARE rangesingh:

 

[Ambarsaria]

Isn't justice pretty simple in India as follows,

• Whoever has greater influence versus the other party wins?
• Whoever has greater resources versus the other party has greater chance to win?

So in most pragmatic way one needs to do such cold assessment and decide and then as appropriate seek proper Legal advice and proceed.

Focusing on details sometimes creates a sense of well being in "I am right" but rarely results in a corresponding sustained solution per items of systematic assessment flagged above.

Sat Sri Akal.