My child marriage was done with a girl (20 years ago) who filed false 498a and DV agains me and my family.I am 30 years and she is 26 now.She did not come to my home and never visited my home till now.Her family members did not visited our social programme and even sorrow assembly.I am in govt job.So they demanded 15-20 lac.She is preparing for competitive exams.She is more qualified than i am.They tried to make me help her in exam hall by forgery but i did not.She lodged fir against us after failed in her all exams when there were my and my brother'exams.That time we were very affected with mental tention.Now she wants govt job with help of divorce,i suspect.My family shocked when a call came from woman cell.My two counsellins failed.First one in which i was agreed with her but she demanded more time to think on this issue.Another second,they threatened me to sign a false agreement to live together having not happened events that i opposed but they threatened me again to end up my job and spoil my life meanwhile my parents health deteriorated.In third,they force me to sign a false agreement by threatening whose a video i have.I met her first time in first counselling (never talking before it) at woman cell. The police gave final report for her misunderstanding in this case.My family is still under mental tention.She is with her parents now. I do not want to live with her. 1.What should i do now? 2.Should i go for divorce or voidable? 3.Can i file any case against her and her parents?
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What should i do now
1) What are contents of agreement signed by you .?if in agreement you agreed to stay wit your wife it would go agInst you .
2) It is necessary to peruse the agreement to advice . You can take the plea that you were forced to sign agreement
3) you can file for divorce on grounds of mental cruelty
4) you can filepolice complaint of extortion against your wife and in laws
5) also file complInt of criminal defamation for having maligned your reputation
Living with her is written in agreement and a dispute between both of us which never took place is written. What should i do for that?
File for divorce on grounds of mental cruelty
2) mention that you were forced to give in writing in police station that you would stay with her
3) take the plea that marriage has not been consummated as wife refused to stay with you after your child marriage
1. if the marriage was performed while both of you were underage then you must file suit for nullity.
2. You cannot file any case agaisnt her parents.
3. if the marriage does not have any future then instead of filing suits settle with her amicably and dissolve the marriage on mutual consent. For this you may will have to pay her permanent alimony for which you may remain prepared.
You ahould file a case for divorce on the ground of cruelity.
In the divorce petition you can say that the said agreement was signed by me under coercion and it will be good if you disclose the said agreement on your own before the court.
Regards
I just saw your previous query, and I suppose this is related to the same and therefore I suggest that you can file a suit for declaring the marriage void as the same has not been performed as per Hindu rites and rituals.
Regards
Can this false agreement be canceled under IPC section 15 ? No maintenance if no relationship judgements by SC and HC. Can i lodge fir against her and the persons who forced me to sign to false agreement whose clear video i have?
You would have to pay maintenance to your wife even if your relationship is not consummated as she is your legally wedded wife
You can file for divorce on grounds of mental cruelty and take the plea that you were forced to sign the agreement
You can file petition under section 25 ( I)of special marriage act
25. Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
I
2) in your case marriage was solemnised 20 years back . After period of 20 years if you file petition for declaration that marriage is nullify you may not get the reliefs you desire
3) better option is to file for divorce on grounds of cruelty as wife refused to have sex and consummate relationship
Dear Querist
my opinion on your queries are as under:-
1.What should i do now?
Opinion:- immediately file a divorce case against her before family court under section 13(1)(ia,) of Hindu marriage act based on cruelty and mental torture.
2.Should i go for divorce or voidable?
Opinion:- divorce will be apply in your case and the marriage can not be declare void on this ground that the marriage had not been consummated. Because the non consummation should be based on the impotency of the opposite party.
3.Can i file any case against her and her parents?
Opinion:- yes you may file s criminal complaint against them before court for attempt to extortion under section 385 of IPC and also alleged them for threatening for implication in false cases.
Can this false agreement be canceled under IPC section 15 ?
Opinion:- file a civil suit for cancellation of this agreement, the civil court has power to declare this agreement as void.
No maintenance if no relationship judgements by SC and HC.
Opinion:- it is matter of research.
Can i lodge fir against her and the persons who forced me to sign to false agreement whose clear video i have?
Opinion:- yes you can as above.
Feel Free to call
She is with her parents now. I do not want to live with her.
1.What should i do now?
Since you have already accepted her to be yor wife, it is understood that you have admitted your marriage, hence under the given situation you can file a divorce petition
2.Should i go for divorce or voidable?
It is divorce only and not an annulment petition.
3.Can i file any case against her and her parents?
It may be too late to file any such complaint against her parents.
What should i do now
You may proceed with yor proposal to file divorce case if the situation is intolerable.
Consult a local lawyer and discuss the subject matter at length.
Living with her is written in agreement and a dispute between both of us which never took place is written. What should i do for that?
Ignore the written agreement executed before a police station.
It is not enforceable in law.
The police cannot put pressure on you over this subject after having obtained the agreement in writing.
The act of police can be brushed aside stating that this was obtained by force and coercion.
Can this false agreement be canceled under IPC section 15 ?
This agreement cannot be enforced in law, just ignore it, if she is trying to do anything on it, you can ask her to proceed through court, where you can very well object to this agreement stating that this was obtained by force or coercion.
No maintenance if no relationship judgements by SC and HC.
You can get judgments through your lawyer once yo engage one for fighting your case.
Can i lodge fir against her and the persons who forced me to sign to false agreement whose clear video i have?
No, dont do any such thing, you can challenge her agreement in the court of law on the same grounds.