A hindu couple married for the past 2 yrs are seperate for the past 10mth due to differences.the husband's family has returned all her things and also got her signature by force in a ltr stating the fact that the couple are seperate for the said mentioned time. what will be repurcusions in court by her act, if she plans not to give divorce.wil this ltr act against her attempts..pls clarify
2007-06-24 21:40:18 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I know what all has been got written in the said letter. It must be some what like this I so & so here by with my own wish left the house of my husband as I didn't want to live with him & continue any marital relationship with any more & I'm living away from him for the last so many months & don't want to return back on any reasons what so ever. I have taken all my belongings/stridhan/dowry etc that I brought during marriage & got at the time of marriage & nothing is left in my husbands house that I can claim from him later on. Now the first thing what you should do is to deny this letter itself. Just write a letter denying all these what ever you stated in that letter & also state that you were forced to write that letter by your husband & his other relatives by giving physical threats to her & her other relatives, by threatening her with criminal cases to be filled against her & her other relatives, by putting political pressure she & her other relatives will be put in all sort of trouble & even involved in false criminal cases. These threats made her to write this letter whereas all her belongings/dowry/stridhan which she brought & got at the time of marriage has not been returned. She has been mal treated, physically & mentally by the husband & her other relatives on various occasions & even given physical harm numerous times, she was not allowed to meet her parents nor inform her about all the mal treatment she was forced by the husband & her other relatives, she was forced to leave her husband’s home forcefully by the husband & her relatives & she never wanted to leave her matrimonial home at any time or on any cost but she was physically thrown out of her home. She reserves all rights in her matrimonial home & can move the court against her husband & his other relatives for this domestic violence as well seeking her entry back in her matrimonial home as well protection order against her husband & all his relatives who live in this house least she can live peacefully without any threat to her life & property. Put signature below & send it to the husband by registered post & keep a copy of this with you. After this letter being received by them just sleep peacefully they will never use that letter in any court proceedings rather you will be able to use this one in the court proceedings. In case they use that letter & put a question to you why you did not make a complaint against her husband for this domestic violence just say in order to protect her matrimonial home she thought better to avoid any criminal complaint that may bring bitterness in her life. By moving on this line of action you can have a very strong defense against charges of desertion in any divorce case filled by them against you. What ever I have told here is not that this person is related to me or paying me any professional fee, this is only to tell people in general to act in this fashion whenever faced with such situation. I will even give a similar advice to any man facing such a situation how to move & get maximum benefit in the court proceedings regarding matrimonial disputes.
2007-06-24 22:13:43 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Whats the difference of if the letter is written by force or willingly?
As long as the Courts of India are eunuchs and spineless they would only hear the woman's story and support weather or not she is a culprit or innocent.
When it comes to the family courts the only resort husband and his folks could do is either go underground or on a mass serial killing project, for anyway they are going to get crusified for crimes they have not commited so why not terminate the Roaches of the society that are the causes of the crusifixtion.
Men - what ever proofs you have, its of no use in the Indian Family Courts!!!
2007-06-26 22:22:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the signature is by force then the husband will really be in trouble. Bcoz the concept is that separation should be made with mutual consent or with proper evidence that the character is not good. But if this isn't proven then the wife will be in benefit as she can anytime say that she was forced to sign it and she didn't want separation.
So this letter will not be of a very good help if she fights back denying the fact. I would rather advice you to consult a lawyer.
2007-06-25 04:55:05 · answer #3 · answered by Upal 4 · 0⤊ 0⤋
Documents such signed can be contested as "under duress" . Though admitted by the other party, one can say that it was signed under duress/ threats. Courts normally ignores such documents, unless it finds the proof to the contrary.
However, if they are anyway seperated (speprated as under legal parlance of the hindu mairrage act) for 10 months, the letter not withstanding, the seperation period holds good.
If there are no chances of reconciliation, as it seems from above, sometimes divorce is actually a better option.
2007-06-25 05:08:46 · answer #4 · answered by APS 2 · 0⤊ 0⤋
The letter obtained by force is a complete nullity. If she refuses to divorce by mutual consent, then it will have to be filed for a valid ground/reason as enumerated in the Hindu Marriage Act. A contested divorce petition drags on. This letter which has been obtained by force is meaningless.
2007-07-02 09:22:43 · answer #5 · answered by BDG 4 · 0⤊ 0⤋
Were there at least two witnesses at the timre of forced signature ? If no, the signature has no meaning . There should be two witnesses from your side for that. Lodge a complaint in nearest police station. Take the help of local social workers too who are sometimes so much helpful in reconciliation that none else can resolve the matter faster than them. Going to court in India means spoiling the whole life & earning for getting back nothing. Try to understand this fact. Indian courts are huge junks of 'legal mafia'. Forget about justice there. When former chief justice of India Shri Ramnaswamy took crores of rupees as bribes to manipulate the cases in favour of culprits, after getting exposed, he was going to be impeached in Indian Parliament & consequently must have been jailed with due procedure, was suddenly asked by agents of govt. to resign on personal grounds to save prestige of nation's court system as a whole , after getting 2 crore rupees from govt. agents in a pre-planned manner. Bribe was given by govt. for bribe taker judge to leave the office peacefully without creating further ripple. This is India's SUPREME COURT.
If the affected woman still has love for husband, she should contact him directly & sort out with him without presence of anyone else for resolving the matter once & for all. If that does not succeed, she must forget him to save her reputation from getting that tarnished further. A divorced woman's reputation is generally unbearable. Alimony getting efforts make her like a beggar.
2007-06-28 02:48:12 · answer #6 · answered by Anonymous · 0⤊ 1⤋
It would be better to fill a suit for maintenance, without seeking relief of divorce. And take notice that never try to disclose these facts again to any one and when ever the opposite party produced the same then challenge it.
Wish you all the best.
2007-06-25 11:08:58 · answer #7 · answered by rajan sharma 2 · 0⤊ 0⤋
Her act of leaving is a positive step towards the right direction. She can file for a divorce in the county which she resides. She can check the annulment qualifications and she if she meets the criteria for that.
2007-07-02 15:31:31 · answer #8 · answered by maestra 4 · 0⤊ 0⤋
No statement or confession obtained by using force or coercion is valid in a court of law. She can always state the actual facts in court, whereby her husband's contention will be nullified.
2007-06-25 12:20:11 · answer #9 · answered by Modest 6 · 0⤊ 0⤋
Try to solve the misunderstanding which happen between u to other wise it is already 10mths know it is completely waste of u r precious time which u r wasting, an if u think to bother each other by not giving divorce to each other , it is just completely waste of u life and as well of another persons life... Its better to be forget each other ins-ted of wasting entire life for one mistake.....An just think if u can hurt the person who-me ones u was in love think it twice is it love or lust which is know making u to destroy each other life because love cannot even think to hurt....BECAUSE LOVE MAKES LIFE NOT DESTROY LIFE.....
2007-06-25 06:06:06 · answer #10 · answered by MICK 1 · 0⤊ 0⤋
If physical violence was involved in coercing her to sign....
she could seek the legal help, under the Domestic Violence (prevention) Act, 2005.
Even otherwise, if she could prove that she was forced to sign documents, she could stand her grounds to resist the divorce.
But the moot question is should she live with the guy, who seems to be towing the line of his parents?
2007-06-25 04:56:38 · answer #11 · answered by Anonymous · 0⤊ 0⤋