Lawfarm Team
Asked June 21, 2016

Relatives of wife forcefully took sign on the divorce paper

  • 1 Answer
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I married a Muslim girl after my first wife and I separated in Canada. My second wife in India knew all about my past and we were happily married in India. Her parents asked her to stay at home and when I went to take her back they physically abused me and forced me to sign a divorce paper. They have been torturing my wife and have forced her to sign the divorce paper aw well. Fearing for my life I went back to Canada but now her parents want her to marry again while me and my wife want to live together. Please advice

Answer 1

The correct action here would be to lodge a FIR against the parents of your wife at the  nearest Police Station from her place of residence. Depending upon the facts given by you,    the parents can be charged for different offenses under the Indian Penal Code [1].  The Police will then visit your wife's house to arrest your in laws and procure more evidence to formulate a charge-sheet against the parents. Under the Indian law if two people have attained majority as given under Section 3, Indian Majority Act, 1875, then no one can stop two consenting adults to marry each other. Therefore the action of your in-laws has no legal basis and they cannot stop you and your wife from living together.  . Also, your wife may choose to file complaint under the Domestic Violence Act, 2005 [2] against her parents. Under the Act, physical torture by parents is covered as domestic violence. You can also file a complaint on behalf of your wife for a Protection Order under Section 18 of the Domestic Violence Act, 2005 to stop the parents from harming your wife. Regarding taking your and your spouse’s signatures on Divorce papers, it cannot be held valid because according to Indian Contract Act it is a clear case of coercion. Therefore, those documents hold no value in the eyes of law under Section 15 of Indian Contract Act, 1872. Additionally,  you can send a notice to your wife for “Restitution of Conjugal Rights” in general law through the Court and upon receiving the summons from Court, you both will get a chance to put your situation in front of the Judge. Take swift action and in case if you feel that Police is not cooperating, you can directly approach Court and get appropriate help.

[1] Voluntarily causing hurt with full intention and knowledge, Section 334- Voluntarily causing hurt on provocation, Section 350-Causing intentional hurt with a force and knowing such force will cause injury, fear or annoyance to the person against whom it is used and  Section 506- Criminal intimidation with a threat to cause death. 

 

[2] Section 3 of the Domestic Violence Act, 2005

 

 

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