Legal Question in Family Law in India
Cheating, Forced Marriage & Divorce
This is regarding my friends sister's marriage. I have been given her responsibility as my friend stays in Australia. The girl is a Christian & in her days of study, she was duped by a boy who introduced himself as a christian & made her agree for marriage. After weeks & months of love, she came to know that he was not a christian but had to compromise cause her family accepted him. Later on, she was made to drink alcohol forcibly by him & when she woke, she found herself in his room. After all this, she had no choice but to marry him. After marriage, he is forcing her to bed against her wishes & if she says she is tired, he is thrashing her. This is his second marriage as his first wife left him within days of marriage. Even this truth came infront of this girl very late. Unfortunately, as her family had some dire financial problems, they had to borrow few lakhs from him. And as of now, as the girl is not in a position to pay back his money in total, he is charging a very high rate of interest & when she asks for divorce, he is threatning her that he would move the court as he has a blank cheque. She was forced to abort her baby by him. she wants a divorce. But he is not letting her go. Please advice.
8 Answers from Attorneys
Re: Cheating, Forced Marriage & Divorce
First of all your friend must have to be firm and strong enough to face the situation.If she is strong enough and wish to take action only then contact with all details.The matter is ticklish one so every step shall be taken with all precautions.There are ways to come out from such situation.
Re: Cheating, Forced Marriage & Divorce
There does not appear to be any alternative but to go for divorce immediately. She has good and valid grounds for divorce and would surely get it.
As regards the borrowings and the blank cheque, it is not such a serious matter as she thinks, and can be faced as and when time comes for this.
Re: Cheating, Forced Marriage & Divorce
she would surely get an divorce as there are no options because as far the facts you have mentioned the man is primitive and makes no sense to talk rational with him and as far the blank cheques are concerned he cannot do much more but wait for it let the time come ..
keep courage and go ahead
Re: Cheating, Forced Marriage & Divorce
she is not only entitled for divorce but can also claim maintenance; meanwhile, they should immediately stop payment of any money to the boy; rather they should ask for return of the money spent on girl's marriage; and also file a criminal complaint against the boy under section 498-A of IPC.
Re: Cheating, Forced Marriage & Divorce
if someone is cheated in marriage then there are options to end the marriage. and if that is a girl then there are much more options to break the marriage with lesser difficulty.
she can file number of cases against him and can ask maintenance
Re: Cheating, Forced Marriage & Divorce
you can file for divorce and also maintainece you need to contact an advocate with all details
Re: Cheating, Forced Marriage & Divorce
You can file divorce case and may claim life support/maintenance.
Re: Cheating, Forced Marriage & Divorce
first give a criminal complaint for harassment and try and get back the cheque.
even if the cheque is not returned forget about it and get the divorce papers ready...
best wishes! life and time are more precious and it is not to be wasted!
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