Legal Question in Family Law in India

sir,

one of my friend got marriage 21/2 yrs back. he married with the help of our friends, with out knowing to his family or either the bride family(Love marriage). From the starting my friend was away from his family due to intercaste marriage and he let her wife to move close with her family members as they accepted the marriage later. but in the meanwhile with inthis 21/2 yrs, she used to visit her parents frequently comes to my friend. my friend was very good n he gave computer to her wife's brother and used to give some gifts to their family. His wife side parents are not rich (paternal uncle is a lorry driver).

It's a common in families to have some little quarrels between wife n husband. if any thing happend the lady used to go to her parents and my friend used to request her get's back her. In this process a few months back there was a small quarell between my friend and her wife. She asked him for further studies and he was making her to study after marriage also. and she failed some subjects in the exams held this year. and finally my friend and her got some quarrels and this made her to go back to her parents. and from then her parents started to stop her come back to him. and changed her to their side and finally they went to police and mahila sangam and their they were unable to show any wrong against my friend. They kept a case as my frined was asking them for dowry and also they have given him 3 lacs at the time of marriage and they said that he was asking for another ten lacs. and also they have given 240 gms of gold after the marriage.

First time they went to the police in this regard and the police while talking to my friend came to know that it is false case and they have not filed any case against him. He told them n showed them the bills that he had with him, that he purchased for his wife n a computer for his brother-in-law and other things he did for them. And when this thing failed after some days the lady and her parents failed a case in mahila sangam. There also my frined showed all the proofs and finally after discussing with his wife. she told him that he want's to come with him and asked him to take back to him(everything happend before mahilasangam people) and she gave a written notice to them. then my friend asked her to make a note from her parents that to give the mahila sangam people that they filed a false case against him and he told her he will take back her with in two days.

After that she went back and after the next day she rang to mahila sangam and told them that she want diverse. All this means that her parents are making her to change her mind. The mahila sangam people told her to come there but she didn't do that. and finally now they again filed a case at her home town i.e in the first police station only stating under sec 498* (Gruha himsa) stating that my friend took 3 lacs at the time of marriage and 240 gms of gold and demanding 10 lacs now.

My friend lost his parents for the sake of love n he was traped in their plan. pls sujjest him to get rid of this case. as this is a false case. People are using the gruhahimsa act for the wrong purpose in this way. pls look in to the matter and sujjest us the support from u r end.

Thanking you sir.


Asked on 8/11/09, 2:57 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

In the given situation, you should try for an amicable out of court settlement leading to a mutual consent divorce;

it may be better to agree for a compromise and avoid litigation even if the terms are somewhat adverse to you.

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Answered on 8/11/09, 6:17 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i agree with Mr. Goel that in this situation it is advisable to go for an amicable settlement and in case the boy can afford, an amount of money should be paid to the girl to the girl to avoid future harassment. in case the boy cannot afford what the girl is demanding, the boy may resort to legal action by way of filing a petition for divorce and narrating all the facts therein.

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Answered on 8/12/09, 2:25 am


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