Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi   01 May 2017

Can i save marriage?

When we studying we married in 2014 but live separate....in 2017 we submit joint petition for divorce...and write in petition we live together only one day....before petition my wife submit aa FIR and write in FIR that we are not married....and more allegation to me say that he use drug therefore i am not ready for marriage but she is already married.. i have medical reports that show i am not use any drug..and when consoling police say that this marriage is not valid ...i have Gurudwara marriage certificate...and police force me for divorce....and my parents and me invite my wife for live together but my wife not come....now i want save marriage what i do ...in petition i write we live together only one day....plz help me



Learning

 1 Replies

Raveena Kataria (Advocate )     28 June 2017

The police cannot force you for divorce. In my opinion, it's not the authority of the police to decide/declare the validity of your marriage. As per the Hindu Marriage Act, if your marriage has been properly solemnized in accordance with conditions given u/s 5 (eg. broom has to be at least 21 years of age, bride 18 years of age,) and as per the rites/ceremonies of either party (including Saptapadi in most cases; section 7,) the marriage is valid. My advice would be to get in touch with a learned adovcate; acquaint him with your situation along with whatever proof you have of your marriage, so you can confirm your marriage's position.

Only if it's valid, you can file a suit in the local/family court for restitution of conjugal rights, where the court shall pass a decree compelling your wife to cohabit with you as is your matrimonial right. However, please note, you shall not be granted this remedy if, for instance, you have been guilty of cruelty to your wife, or are responsible for some conduct/omission which would likely make it impossible/tough for your wife to live with you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register