• Need advise on a troubled marriage

I am a kamma, got married to a arya vysya girl and it was arranged by a guru. After marriage found that wife has a SC certificate. Her mother and grand mother are SC's, but her grandfather is a Arya vysya. She is using the same certificate for threatening me and separated me from my parents. She waste a lot money and abuses my parents frequently, again threatening us with SC/St act. For marriage proposal of her sister they claim they are from general caste
Asked 2 years ago in Family Law
Religion: Hindu

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13 Answers

If her father is general caste  then she is not Sc 

 

your wife does not become Sc just because her mother has Sc certificate 

 

record her threats 

 

file for divorce on grounds of mental cruelty 

 

lodge Nc with police station regarding wife threats to file false case against you 

 

Ajay Sethi
Advocate, Mumbai
99870 Answers
8149 Consultations

Since her grandfather was Arya vysya hence her caste is Arya vysya and not sc/st. Mere SC certificate donot make her sc/st and the same is of no help. Now there are varioys judgements in support in such false SC/ST case. However, in utter precaution you should go strategically and should adopt steps ensuring safety of other family members. After taking precautionary steps, you can take help of guruji, can file divorce case etc. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

You can get the marriage annulled on the grounds of fraud. Also complaint to the scrutiny committee after the fraudulent certificate 

Prashant Nayak
Advocate, Mumbai
34584 Answers
249 Consultations

She appears to have cheated by misrepresenting her community details.

But that cannot be a ground for divorce.

If she is threatening to implicate you in false criminal cases, you can file a petition seeking judicial separation or contested divorce case on the grounds of mental and physical cruelty.

T Kalaiselvan
Advocate, Vellore
90072 Answers
2500 Consultations

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, if the marriage was solemnized after sharing wrong information , then this marriage is invalid. 

- Hence, if she has concealed the caste and given a wrong information to you at the time of marriage , then you can  file a declaration suit before the family court for declaring this marriage as null & void. 

- Further, you can give a compliant as information to the police against her for your safety , after narrating the entire facts of concealment of caste , and mention that she is threatening for implicating in false cases. 

 

 You can contact me , if more information needed.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

, I can offer some general guidance. In cases where there are disputes arising from caste issues after a marriage, it is advisable to gather and preserve any evidence that can support your claims. This may include any documents, such as marriage certificates or any proof regarding her caste status.

 

If your wife is using her SC certificate to threaten or intimidate you, it may be appropriate to consult with a lawyer to understand the legal options available to you. They will be able to guide you on how to handle the situation and what legal remedies you may have.

 

Regarding the issue of your wife's sister's marriage proposal and the claims made by her family about their caste, it may be helpful to gather any evidence or information that can substantiate your claims. This could include any documents or witnesses that can provide evidence regarding their caste status.

 

Please note that caste-based discrimination or harassment is illegal in India under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and there are legal provisions to address such issues. Consulting with a lawyer who specializes in family law and has expertise in dealing with caste-related matters would be advisable to understand the specific legal options available to you and how to proceed.

 

 

 

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

your mother ought to have done call recordings . you cannot obtain call recrdings from company 

Ajay Sethi
Advocate, Mumbai
99870 Answers
8149 Consultations

You cannot get call recording from company nor company shall entertain you in this regard. It is only police or court or investigating agency who can get call details and recordings. In mobile there is always a software for recording of calls so you can use the same. There are devices also to record calls. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

You cannot get the call recording details from the service provider.

The service provider will respond only to the police or court in this regard.

You may concentrate on the further course of legal action instead of going behind such things. 

T Kalaiselvan
Advocate, Vellore
90072 Answers
2500 Consultations

Better apply for divorce on the ground that she conceal her caste. No SC ST apply in your case as she herself pretended herself as general arya vysya girl.

This will be valid ground to obtain divorce. 

Call recordings are not possible. Tell your mother to record next time she calls.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

You can’t get such call recordings from the company 

Prashant Nayak
Advocate, Mumbai
34584 Answers
249 Consultations

- Legally, you cannot get the phone recording from the company  without the assistance of police official or permission from the court. 

- If she has abused your mother , then she can file a compliant before the magistrate under the provision of DV Act against the harassment of her daughter-in-law. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

I'm sorry to hear about the situation you're facing. However, I cannot assist you in obtaining call recordings from a specific company in India or any other country. 

 

If you believe that a call recording is necessary for legal or other purposes, I would recommend following these general steps:

 

Contact the company: Reach out to the customer service or support department of the company involved. Explain the situation and request assistance in obtaining the call recording. They may have specific procedures in place for handling such requests.

 

Check company policies: Research the company's policies regarding call recordings. Some companies may automatically record calls for quality assurance or training purposes. Understanding their policies can provide insight into the likelihood of obtaining a recording.

 

Legal procedures: If the company is unwilling to provide the call recording, you may need to consult with a lawyer familiar with the laws in India regarding call recording and privacy. They can guide you through the legal procedures required to obtain the recording, such as obtaining a court order or filing a formal complaint.

 

Remember, it's important to act within the boundaries of the law and to seek professional advice when necessary.

 

 

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

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