Marriage dispute
Ashrita Shri
(Querist) 29 July 2015
This query is : Resolved
Dear Learned Lawyers,
I am a married lady married over six years back. I am a hindu girl from panjab. A muslim boy from UP married me over six years back in arya samaj mandir in punjab. he married me without the knowledge of his family, however when i informed my family before marraige first they opposed but later after marraige when i informed my famliy they disconnetd all relatios with me and after that i have never met my family.We were given the certificate and in that certificate my name as hinu and his name as muslim is there. all rituals were performed even i have vedio and photo albums. we were living since than alone in punjab, he use to go at his work for weeks and use to stay with me as husband. I was always living with him as his wife leaving my entire family, however he alwys meet his family members in UP. I alwys insisted him to go to his family to meet me to his family as his wife. but alwys he rfused to disclose the facts over his family as 1. his family will angry 2. if his muslim family and muslim community will know the fact, his family will face the difficulties in the marriage of daughters. In the mean time i got pregnant and he aborted me saying that its not the time for kids so we will have kids after i manage my family.
time passed, now all her sisitrs are well married. however five months back during some enquiry i came to know from some of his friends that he has got the married with one muslim girl with muslim laws (nikah). wen i came to know i met him got angry and opposed and asked the reason. initialy he tried to manage me saying i will have both as it is. but wen i refused he decided to leave me. after that he is tring to kill me with the intention to show my killing as suicide. two times he has managed to kill me. once he brought poison and said both will suicide once with another means. both times i understood his intention so he failed. he left our flat then and he transfered our flate to his brother name. after this he and his brother came entered the flate and beat me, on this police came but he fleed.
now he has clearly said that he will never live me anymore with me. they are saying to me to give only some compensastion and forget all.
i dont have not mony so cant afford legal services. so need some clarification.
1. is this marrige illegal and fraud.please advise me.
2. what complain i can file agiant this fraud and cheet.
3. after a long time like after six month will i have same remedy under complaint.
4. as he said, that he will file for divorse, if he file for divorse, after thyat my complaint will be acted upon or not by police and court.
5. if he try to kill me and arrange someone to kill me how i can defend me.
5. please advise me properly in my case..
i will be grateful for yu learnned ;awyers.
thanks in advance
ashrita shri
ambala, punjab............................
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M/s. Y-not legal services
(Expert) 29 July 2015
since your problem is going to extreme level., my advise to you, just appoint an advocate on behalf of you. and act upon his/her advise.
surely your husband's second marriage is offence and liable to punish.
Ashrita Shri
(Querist) 29 July 2015
Kindly advise msrriage between boy n girl of diffrent relegion can be done through hindu msrriage system.
P. Venu
(Expert) 30 July 2015
Your case is too complex to suggest any solution.
As a principle, the marriage should have taken place under the Special Marriage Act. Please check up with the Arya Samaj further how they had allowed the marriage to be solemnized in spite the bridegroom being a Muslim.
So also, your husband had indulged in bigamy.
Rajendra K Goyal
(Expert) 30 July 2015
a. Since the marriage was performed at Arya Samaj, it is supposed or probably he was converted / shown himself as converted to Hindu before marriage by Arya Samaj system.
b. A Hindu can not marry twice without divorce / having one living wife.
1. Second marriage can be held illegal and fraud.
2. You should lodge police complaint immediately, better after consultation from your lawyer. If police does not take steps, meet SP.
3. You can complaint now and mention all events.
4. Yes criminal complaint is separate from the divorce case.
5. You should inform police regarding previous incidents and your fear.
You should take in confidence / feel sorry to your family / parents and seek their assistance. They would help you in such circumstances.
Ashrita Shri
(Querist) 30 July 2015
dear rajender sir and others..
for your point "a. Since the marriage was performed at Arya Samaj, it is supposed or probably he was converted / shown himself as converted to Hindu before marriage by Arya Samaj system."......................i wish to clarify there was no conversion, he was originaly muslim i was originaly hindu..n in arya samaj mandir regsiter our names are as originaly hindu n muslim..
please clarify since as i know muslim marriage can be between muslims and hindu marraige can be between hindus...and if both are diffrent the marriage should be in court......
so will this marriage between hindu n muslim will be legal by arya samaj mandir...
Rajendra K Goyal
(Expert) 30 July 2015
TOI news item dated 09.03.2013 :
"The Kerala high court has ruled that the Arya Samaj cannot conduct marriages between people if they are not followers of the samaj and it will not be legally valid if it takes place.
The ruling was given by a division bench of justices Pius C Kuriakose and P D Rajan while considering the case of a Muslim woman and a Hindu man who married at an Arya Samaj mandir in Kozhikode on December 28 last year.
The court said, "We have carefully examined the certificate of marriage as well as pramanapathram. Neither claimed before us that they are Arya samajists. The man told us that he continues to be a Hindu while Raihana told us that she believes in both religions. Having regard to the Arya Marriage Validation Act, 1937, it is very clear to our mind that it is not a valid marriage."
Indian express Bhopal 18.03.2013 news item:
The Gwalior Bench Madhya Pradesh High Court has issued detailed guidelines to Arya Samaj temples, a favourite place where couples in hurry usually tie the knot.
In his brief order, Justice N K Mody asked the Arya Samaj temple managements to take written applications from the would-be bride and groom and fix the marriage date at least a week later.
The management should inform both sets of parents by a registered intimation the date and time of the proposed ceremony as also to the police station and district collector in whose jurisdiction the would-be groom and bride reside.
The judge said that at least five relatives from each side should be present at the time of the marriage.
The order came on habeas corpus petition filed by a 28-year-old resident of Gwalior who wanted the custody of his 21-year-old wife.
The woman told the court that it was true that she married on April 5 at an Arya Samaj temple in Gwalior but insisted that it was "under undue influence". She said that only a priest and a photographer were present but no relative or friend was present.
http://archive.indianexpress.com/news/hc-issues-norms-for-arya-samaj-marriages/1117280/
Santosh Goswami,Advocate
(Expert) 30 July 2015
Dear client
I can realize your mental state.See, right now, its very difficult to say whether your marriage was valid or not. As far as Arya Samaj Act is concerned, your marriage is not valid and lower court shall arrive at this conclusion only if you file a petition in this regard. But on a Writ petition the apex court may see your case differently since in-fact a marriage has taken place and you resided together as husband and wife. But, from the perspective of maintenance, your case is made out irrespective of the fact that it was not a valid marriage........... Your query needs a lengthy reply which is not possible here...
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