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498_final stage (Professional)     28 July 2013

498a registered to an un-registered mariage

Hi Experts,

Though I  have been asking for advice to fight 498a and  DV cases filed against me and my family, I just wanted to know if my <6 month's marriage could be annuled on the grounds of absence of any regstration?

How police could register 498a without the proof of registered marriage? Kindly Advice. 



Learning

 9 Replies

Ad Amjad Ali (Advocate )     28 July 2013

It is better for you that your wife filed 498 against you. If you deny the marriage , she can claim  for rape more offensive than DV. If you are innocent then prove your case in court. Generally, 498 cases found false . simultantenously , after getting bail in this case, you can go to High court for quashing the fir if you have reasonable ground .

Adv Archana Deshmukh (Practicing Advocate)     28 July 2013

If the marriage is ritually solomnized, it is a valid marriage even it is not registered. Registration  of marriage is not necessary for filing of 498A case.

498_final stage (Professional)     28 July 2013

Thanks for the advice experts. Much appreciated.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 July 2013

Dear Querist

The burden of Prove always lies on accused, so it is your duty to proive that there is no marriage or maritial relation between you and her if you prove it then the court may pass an order for your acquittal otherwise not.

the police can demand the marriage proof from her if the police officer think fit that it is neccesary.

498_final stage (Professional)     29 July 2013

Hello Mr Nadeem,

Thanks for the response. Well there is no registration of the marriage since no document like "Marriage Registration" exist. Marriage ceremony took place in Kanpur (Girl's residence). Moreover, the marriage is not consumated as well since she was always in the mode of abusing me and my family which made the relationship worse day by day. 

The duration of marriage is less than 6 months, and the day they filed cases, prior to that I was not in the country. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 August 2013

Most marriages in India, particularly among Hindus, are not registered. If proof is required to establish a marriage, one will have to resort to things like "Wedding cards", guests, who attended the marriage as witnesses, the priest who performed the marriage photographs, videos etc. The parents of your wife and her other relatives can easily establish the marriage. It is easy to prove a marriage in the near past than one in distant past. There will be at least a small group, who attended, if there was a marriage function. If you were physically present at the marriage function, things like your going abroad or non-consummation cannot be the ground for denial of marriage. Non-consummation may be because you did not take your wife with you.

If it is only six months since your marriage why your in-laws should unleash 498A and DV Act against you. Are they professional marriage cheats? If not what other reason have they got?

2BHelpfull (Other)     01 August 2013


if marriage is solomnized as per personnal law it is valid even if it is not registered.

 

marriage card , marriage photo etc.  are all necessary doc. when marriage certificate is absent. to prove the marriage between the party ,

Prashant Agnihotri (Lawyer)     01 August 2013

If you want to dissolute your marriage,you can file a divorce case & if you can prove in the court,you r not informed by her & her family before marriage,about some important facts of the girl,which is harmful for the reputation of your family.you will win the case.if they r filing a fake 498a,there is no need to worry,write an application to the suprintendant of police of your district inform him about this case.you will get the benefits in the court also.

498_final stage (Professional)     01 August 2013

Yes Mr Ramani, They seems professional. The girl started threating me to file these cases after even 10 days of the marriage. Her behavior was even worse even when I took her away from my parental house. She showed such big hatered with my father. After filing false complaints they even started threating me and came to my parents residents with a Gunda. We reported this incident though to the police. Within 2 months of all this sh*t my father died of a heart attack. He was 80. My parents are elder sister name was there.

They seems professionals. We later came to know that her mother is not even divorced though the man who is her husband got married to other woman. Also now they have united in Kanpur and fighting for false Domestic Violence and 498a cases against me and my family. Moreover, girl's mother is left by her husband and girl's mama ji's wife also deserted them. We came to know about all of this later. I just knew that her mother is divorced. We thought that the girl just remained unluckly and we should support her. And see what result I got. 

How is it possible that a woman start threatining of false cases within 1 month of marriage. I have cell phone recordings where she used to threat me of all of this. Can you help me burst this gang?


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