Legal Question in Family Law in India
My boyfriend was married to another woman from his village when he was 18. After the marriage she stayed in the village and he was living in the city. Him and I met and fell in love,I am unmarried.
He asked his family for a divorce and they beat him and would not allow it.They told us that we were never to see each other again so we ran away together. We tried to get out of India but his village wife's name was in his passport. We contacted an agent to have the name removed. At this time his family found us, beat him, took his passport and documents and are forcing him to stay with her.
The reason we ran away was because he was afraid for his life and was being forced to work in the family business for no pay.He started a business 5 years ago and his uncle and brothers have taken it from him after it became successful.He wanted to split from the family business but they beat him and said no. He was married off to a woman that he doesn't love and now is being denied his legal documents and needs help.
1.Can the family keep his documents from him?
2.Can he get a divorce and on what grounds would it be if possible?
3.He would like to completely and legally have nothing to do with his family...is that some how possible to legally separate from his family?
4.Can the family or his wife get him in legal trouble/jail for being with me while still married?
5.Can they get him in trouble for passport fraud or something of that nature since he tried to make the name change?
6.What are his rights as he has been beaten and is afraid?
Please we are in desperate need of legal guidance. We are unsure where to start and who we should contact.
3 Answers from Attorneys
1.No, the family can keep his documents. the boy should file a complaint beofre the police if aNY BODY HAS retained his passport forcrfuly.
2.
yes, he can get the divorce, on number of grounds such has cruelity, deserestion or other other grounds.
3.yes, he can
4. he wife can file a case aginst him for dowery or under domestic violence act just for pressure tactics.
5. if he has tried some sort of fraud for removing the name of her wife from the passport, he may be sued
6. he should get his medical done preferrably from the Govt. Hospital and should file a complaint before the police
1. No his family can't retain his passport .He has to file a criminal suit on this ground
2. He has to file a divorce suit on the ground sa stated in the act
3. Yes he has liberty to to make him seperate from his family business
4. His wife can file a 498a case , dmoestis violence case nad put him behind the bar for one week or above.
5. If he practice fraud for getting the passport then he can be tried.
6. If he is beaten by his family member ask him to go for treatment in the govt. hospital and file an f.i.r in the police station
Best way is ask him to talk to her wife for mutual divorce and file a case for declation for property and business.
He can file a case of extortion but he has to prove that he has been beaten up.
Their family members cannot grab his passport. but in villages it is a common practice.
Plz tell me the location and your BF education and her wife education etc to come out of this situation.
Rest you dont worry they cannot file any case against you till you both found in any adverse condition.
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