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abcd   13 April 2015

Please help me to solve my problem

I'm from kerala and from a muslim community. I had an affair with a christian guy from kerala. we both reside in Bangalore and as my parents were against this relationship, we did a register marriage from Bangalore , under special marriage act last year. But currently due to some issues, between me and him, and also due to some family pressure, We would like to separate.. means i would like to marry someone from my community , according to my family's wish. As this was a secret marriage and no one else know about our marriage other than we two and the other 3 withnesses , we would like to ignore this relation and go forward with our life .But am in dilemma now, please help to know how should i come out of this registration part, will this be a problem in future , if we both marry somebody else from our own community? Is this registration a centralized one? what is the process/procedure to make this registration illegal/void? please help me to solve this .. else this will spoil our life.



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 12 Replies

saravanan s (legal advisor)     13 April 2015

since your marriage is registered under special marriage act its necessary that you have to dissolve the marriage legally through divorce only.since you both dont want to continue the relationship you can go for mcd or else if you marry without getting divorce it will become a criminal offence u/s 494 bigamy  and if you dont reveal that you were a divorcee and if you both marry someone you will be held liable for commiting the offence of bigamy u/s 495 which might result in ten years imprisonment

N R Dash.. (Advocate)     13 April 2015

Dissolve the marriage properly. Else, your second marriage would be void & you may be prosecuted for bigamy in future.


(Guest)

 

 

i have done 2 nd marriage on 21/02/2015 with a frnd of mine who's it is first marriage.we had an affair for 12 years and finally decided to marry.i have a girl child from my first husband,which was accepted by him . I Mrs. x got married (2nd marriage)to Mr.y(1stmarriage) on 21st feb 2015 since then we were residing at , New Sangavi,Pune-411027.I was constantly harassed by all family members ( fatherin law- ,Mother in law, Brother- and Brother’s wife) bcoz  I was divorce and they were not happy with our marriage .On 09/03/2015 when I was forcefully removed from that house by my in laws , they conveyed my husband that I have left the house .from then I was staying with my parents in aundhroad and my husband Sonu was staying with his parents till 27thmarch 2015,I tried a lot to convince my husband and in laws but they did not allow me to enter the house back.In between all this fights my husband was hospitalized on 11th march 2015 in Kotbagi hospital as his Blood Pressure had  gone high and was in hospital  till 14/03/2015. On 14 th March evening when I wanted to meet my husband his family members denied and called me in New Sangavi police station and tried to get rid of me but I deined going away from my husband and then finally decided to stay seperately.We were in search of a rented flat after that and After that we took a flat on rent in Shanta Niketan, bhau patil road,bopodi from 27th march 2015 and I had paid all the expences like deposit,society charges,brokerage and all the stuff required in the house like furniture,washing machine,all food stuff,water filter and fridge. When we were out to gather the things required in the house his mother called up and told him that she is not well and she is suppose to be hospitalized and the very next moment Sonu took me to D mart ,waited with me for 10 min and then went to his mom in Kotbagi hospital and returned back after 3 hours and we took all stuff and went home and then I could see him  tensed all the time  and was visiting the hospital on daily basis and use to drink and come home. We  stayed there together  till 02/04/2015 in the night on 2nd April he was highly drunk and came home at 12.30 am and started fighting with me and then my husband suddenly started giving bad words and started hitting me with belt and hands for 2 hours and then called up the police control room and told them that he has hit his wife i.e. me and to put him behind bars. Then two constable came to Shanta Niketan and took both of us to bopodi police station and tried to solve the issue but my husband was not ready to go back home with me so then the police called up my parents and sent me to my parents house and he was sent to his residence at New Sangavi with his brother Vickey Choudhary. Next day we were again called to bopodi police station at 11.00 am in the morning where again the police station in charge  tried to convince both of us to stay together as we were having Love affair from last 12 years. Then My husband asked me to give him 8 days of time to think over for which I was not convinced and then we both were told to go to khadki police station and meet the higher authority in charge at 5 pm the same day. But since I was very hurt and disturbed I was trying to convince my husband to settle the matter and stay together but he was not ready for it and then finally I was asked to file a complain against him in the police station but I denied doing so as I knew he was temporarily angry with me and then I finally decided to give him time and since 02 April 2015   I am not aware where is he .Till 08th April 2015 I was daily speaking to him but since yesterday 09th April 2015 his mobile is switched off and when I went to his house in New Sangavi to find out about him his family members r not even ready to open their door and r not giving me any kind of information about him. The very next day the owner of the flat of shanta Niketan had told me to leave the rented premises as they do not want the peace of society to go ,so on 3rd April 2015 keeping my husband informed I had emptied the rented flat.now  from last 13 days he is not comming in front of me and he wants a divorce from me and if not divorce then he doesnt want to stay with me .i am not understanding what to do as i want to give our marriage one chance

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FREDYCHARLES RK - Bangalore (Advocate)     14 April 2015

Since you have a child that too a girl child, think of options to try and forget what has happened and start to live life with your own with your daughter for some time. Any forceful options usually do not work well in marriages. After sometime he may change his mind seeing you at calm and retreated and helpless.

Again, am sure you know, as you are legally wedded, you are legally entitled for maintenane via 125 CrPC or other , after you decide to the take the legal route 

1 Like

(Guest)

Sir he has no source of income on papers . he is a broker who deals in plots and loans(Freelancer) and have nothing on paper that proves his monthly income or source of income.secoundly he says that as we both have decided to get marry so now we should decide to end up our marriage without legal formalities and stay seperately from each other and no rights to be claimed on one another.i am willing to patch up but he is not ready to do so and not giving me a reason for the same that why he wants to stay seperately from me.i love him a lot and its very difficult for me to stay away from him.i am mentally disturbed too and not able to concentrate on my job properly.

Adv. Chandrasekhar (Advocate)     14 April 2015

1.  You cool yourself.  Do not crawl behind him and it will denigrate you and your status and he will become more headstrong.

2.  His logic that as you both married with both of your free consent, similarly should separate without involvement of law is just nonsense.  In India, matrimonial relationships can be broken only through court.

3.  So, keep your cool and do not pursue any case.

4.  Afte a gap of four to five months, try for mediation. If it does not click, then find legal methods to solve this problem. 

1 Like

kumarkumar (business)     15 April 2015

Either of you should be converted to a common religion either both should be Christian / both should be Musalman, then only you should think of getting register marriage.

saravanan s (legal advisor)     15 April 2015

@sheetal choudary..even if your husband is not working he has to pay you the maintenance so file a case under 125 crpc for maintenance.as adviced by adv chandresekhar wait for another few months and if he is still behaving the same file a case under dv act for getting residential order, protection order etc and also you can file case u/s 498a ipc

1 Like

(Guest)

Sir when i am earning and he is not how is it possible for me to file a maintenance case against him.secoundly he has also left his house the day i am thrown out of his house and he is staying with  different frnds .he doesnt even have money to take care of himself then how will he pay me? His family members r least bothered about him .


(Guest)

if we both wants to mutually take divorce is it possible now or whats the process as he is not agreeing on staying with me

N R Dash.. (Advocate)     16 April 2015

@sheetal, it is not digestible that his family members are least concerned about him. If so, why they are ruining his life and why they are against you.

 

Anyway, wait for some time. Let him realize what he has lost and come back to you. Legal process are always there for you, but once you initiate the process, it would be irrevocable in emotional ground & everything would be lost.

 

As you do not want to dissolve your marriage, please have patience & wait.


(Guest)

Sir is there any way without any fight i acn go back and stay in my inlaws house?


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