Legal Question in Family Law in India
Dear Sir / Madam
I Sujatha, staying in, Trichy, I am sending this mail on behalf of my friend, since she unable to come out from her house. We hope you help us to get out from this issue
My friend is 31 years old, Completed her PG degree, married, having one female child (3yrs old)
Now the problem is, She was in love when she studying her PG, because of the boy`s financial status, her parents rejected her love and made marriage with one Govt. employee from Trichy.
Two years back, her husband came to know that, she was in love with someone, and started to ask her about the boy, and she took him into the boys home and the boy also agreed, again he took her into her parents home and beated her like anything, then he took her back to his house, he never open his mouth about this issue in his house.
Meanwhile he scolded that boy very bad.
And the boy is working in Hyderabad, since from 2004, because of his love failure he unable to stay in trichy and left to Hyderabad
After a week he took her into Hyderabad and stayed in his (boys) house two days, the reason he told is, just to ask sorry to him, because I scolded him a lot.
Then they came back to trichy, and they were in separate house, even separate room. They had a bad time during this period; often they had a fight as well compromises
Once the had a fight in there house in front of his family members, he told that, she loved one boy during her college days, that�s the reason she is not ready to live with me, he was full of tension and took back the THAALI, still by friend wear only the chain without the THAALI
Recently, ten days before, he tried to commit suicide, fortunately she saved him, he was hospitalized, now he is alright, but still he and his family members are threaten her some how
She is ready to get divorce but he is not ready to leave her (but once he gave his written statement that, he ready to leave her) but he is not ready to sign in the divorce paper), and she is not happy at all, and she is worrying, if the same will happen in future everyone pointing her without any proper reason, her family members also not helping her anyway, but the boy is ready to accept her and her baby, if she took divorce,
Now she is in very confusion stage, even she unable to come out from the house
Please suggest her, what she have to do exactly? What way she can live her life happy?
Me and my friend will be more thankful to you
Waiting for you reply
Yours Sincerely
S. Sujatha
3 Answers from Attorneys
Dear Sujatha,
Your friend's situation is dicey. It appears that she herself is double minded - for one side she is willing to continue with her husband if things improve. For second side she is willing to move out of the present matrimonial and settled with her love.
In this condition, it is better to have a decision on either side.
If she opts for the second one, she will have two options. One, she will have to convince her husband through friends, relatives etc. for filing of mutual consent divorce, which is the most preferred and convenient method of getting divorce. The other is divorce by contest. In which case to pressurise her husband she can file a number of complaints like complaint to Women Cell in Police alongwith a Complaint u/s498A, 406 IPC before the Magistrate.
In 498A complaint can be all inclusive naming her husband and all in-laws at a time.
But for all this you need to consult a local Advocate practising matrimonial cases.
Sujatha, considering it is your case, i would advise : Try to avoid litigation or any legal course of action. You should make efforts to settle with your husband and the child. It may be better to avoid any kind of contact with the boy who came in your life prior to marriage.
My both coleagues are right. First you have to decide your decision, but as per me you have to continue your present life and try to convince and satisfy your husband that you was not a physical relation with that boy. once he will be convinced then your life will be smooth.
In case he did not agreed then ask him to divorce you mutually.
Presently he is in shocking condition therefore it will take some time to make him understood but his own friends and relatives can convince him. So better to request some of them to make him understood and your own friends, even if you are her friend then you have to make her husband understood that it was just infatuation and no physical relation coz husband never accept any such act.
So good luck.
Regards
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