• Love marriage after caste problem

hello sir,
            i fell in love with one boy during my college time on 2013,and we two had in physical relationship too,after the completition of our course,i went to chennai for my higher education andalso he will also came to chennai for his job purpose,then suddenly he decided to breakup my love due caste problem because i belongs to  sc caste,he belongs to mbc caste,but i was not willing to endup our relationship.so i complained in police station they would convice to marry me and stay with my parents,i married him on 31.10.2014 atfer the completion of 35 days he went away from me and said he is not willing to live with me,,i think that he married me in the fear of rape case will be filled against him as he said to me lot of times,he hurted me in the word of my caste,his family also threated me via phone.plz help me to solve my problem,and he said i was tortured by him via sex,,he said false statement against him,,he planned to cheat me sir,plz am waiting for your reply sir
Asked 2 years ago in Family Law from chennai, Tamil Nadu
Religion: Hindu
Hi, do you have photos and invitation printed in the marriage and marriage was performed as per Hindu Rituals and custom if these ingredients are full filled then you don't worry.

2. Do one thing file a petition for Restitution of conjugal right before the family court and also file a petition under DV act for maintenance and so also residence order.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
What do you really want to do?  You want your marriage to work or you want to get divorce? 

This cannot become a caste issue. Since you entered into the sexual relationship with your consent, it wont make a raffle case also against him unless you prove that he promised to get married to you to enter into the sexual relationship.  Further all you could do is to file a police complaint claiming dessertion and cruelty from his end.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hello,
1) Even if your marriage was not registered if you were married according to Hindu rites and ceremonies your marriage is a valid marriage.
2) You can file for restitution of Conjugal rights. This would mean that you will ask the court to order the husband to come back to you and live with you fulfilling all responsibilities of s husband.
3) In order to build pressure on him you can file a case under 498A of IPC before the police in your area. Besides this you can also file a case of Domestic Violence seeking protection , residence either shared or separate and compensation for all the agony he caused so far .
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You should not have married him if he was unwilling to marry. Such marriages do not sustain beyond few months. 

2. Legally speaking, even if your marriage was not registered or registered properly, the marriage is legally valid for all practical reasons. You would be having some photographs of the marriage and also the wedding invitation card. These documentary proofs can be relied on to prove that the marriage was performed. 

3. If you want to save your marriage then you may file a case for domestic violence against him to reside in your matrimonial house, claim alimony and protection from violence of any nature. 

4. If you are being forced to indulge in prostitution then file a complaint to the police. 

5. It is in your mutual interest to amicably separate by filing for mutual consent divorce if the differences cannot be ironed out.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) your forced your husband to marry you against his wishes . now your husband does not want to stay with you . 

2) better file for divorce by mutual consent . 

3) you can also visit a marriage counsellor with your husband if you want to save your marriage . 

4) if you are threatened by your husband and in law record the threats . 

5) file DV case against your husband and seek protection order ,maintenance and other reliefs .
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Dear Querist
You may file a domestic violence case against him and his family if there is any domestic relationship with them.

You may file a dowry demand case u/s 3/4 of D.P.Act

you may file a 498A/406 of IPC Case against him due to dowry demand and cruelty.

If you are unable to maintain herself then file a maintenance case against him u/s 125 of Cr.P.C before family court.

If you want divorce then file a divorce case against him before family court u/s 13(1)(ia) of Hindu Marriage act.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Hi,
 1. if you were treated with cruelty as you have mentioned , you should lodge an FIR under 498A, for marital cruelty and dowry harassment.Take your parents and go to the police station and file an FIIR.

2. If you do not wish for a divorce  file an RCR in the same court ask for maintenance if you are not earning.                                                                                                                                                                                                                                               .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. First decide what do you want,

2. it was not a prudent decision to get married by forcing the grrom with police complaint,

3. Talk to your husband and jointly decide as to what both of you want from this relatonship,

4. if you can not comntinue as married couple, go for mutual consent divorce and move further in life.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
you can claim residential order by filing of complaint under DV act. you can live in the matrimonial home for several years and your in-laws can't disturb you. living in the matrimonial home gives you a status of wife which is universally recognised by the society and it also prevent your husband to hide this marriage and commit any illegal act against you or solemnized any other marriage. 
after some years of struggle either all matters will resolved or remains same. if remains same then you can file petition for restitution of conjugal right. ultimately after  some years you can save your marriage. don't be offensive against him and your in-laws. don't file any criminal case or divorce petition.  if he files divorce petition then you should oppose it. registration of marriage is not necessary in any section of Hindu. If you have any evidence regarding your bodily relation or physical relationship with him before marriage then keep it safe and don't say anything about this to any other person.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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