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Jasvinder Singh (Security)     06 May 2009

Need Help

Hi Friends,

I was in love with a Hindu Lady and we accepted each other as man and wife in a Hindu tepmple near Bangalore without any ceremonies. We asked the pojari toperform a pooja for general propsperity where my wife took part in the pooja as my wife and he name as wasalso mentione in the pooja sa my wife. The poojari is willing to testify in court about this.

I also made her a noninee in my PF and got health insurance for her as my wife. Our marriage could not be registered as she was facing some opposition from her family.  She attended my office functions and my friends knew hew as my wife and are willing to tetstify in court that they know her as my wife.

MY wife stays in her house and me in my parents house as our mariage is yet to be registered though we have mantianed physical relations.

I could not contact her for the last one month and last sunday when I called her on the phone, she told me she married one software engineer from USA and was going to USA with him in a few months time and that I was just a god friend as there was no documentary prrof of our marriage.

Please let me know what can be done to prevent her from leaving India and to get her second marriage annulled.

Thanks,

Jasvinder Singh



Learning

 13 Replies

Swami Sadashiva Brahmendra Sar (Nil)     06 May 2009

sorry mr. jasvinder , nothing can be done. your marriage in temple without ceremonies has no legal sanctity.

Y V Vishweshwar Rao (Advocate )     06 May 2009

I  do agree with Shri Thripati Ji !

 

Siva (Advocate)     06 May 2009

your marriage can be registered under special marriage act

go to your nearest registering office and ask for the formalities because the proceadure changes from state to state


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MARRIAGE UNDER GIVEN CIRCUMSTANCES KINDLY NOTE THAT

1.YOU AND YOUR LADY ARE FOLLOWING DIFFERENT RELIGION HENCE YOUR MARRIAGE SHOULD BE REGISTERED UNDER SPECIAL MARRIAGE ACT.BUT YOU HAVE DELAYED TO REGISTER THE SAME.KINDLY NOTE THAT FOR REGISTRATION OF MARRIAGE BOTH HUSBAND AND WIFE AND THE PRIST AND THREE WITNESSES INCLUDING ONE LADY WITNESS SHOULD ALSO SIGN THE MARRIAGE REGISTRATION FORM UNDER THE SPECIAL MARRIAGE ACT.THEN NOTICE WILL BE ISSUED ON THE GIVEN ADDRESSES OF BRIDE AND HUSBAND.THE ADDRESS WILL BE VERIFIED AND OBJECTIONS INVITED.AND AFTER VERIFYING AGE,ADDRESS AND ALL PROOFS THEN MARRIAGE CERTIFICATE WILL BE ISSUED

2.IN YOUR CASE YOU DO NOT HAVE ANY DOCUMENTARY PROOF OF YOUR MARRIAGE.HENCE TO PROVE IN THE COURT  ON THE BASIS OF AFFIDAVITS OF YOUR FRIENDS AND OFFICE STAFF IT WILL BE VERY DIFFICULT .

3. KINDLY NOTE THAT YOUR WIFE HAS ALREADY REMARRIED AND SHE IS NOT WILLING TO STAY WITH YOU.SO BE BRAVE DONOT  THINK MORE AND DO NOT SPOIL YOUR CAREER. CHECK THE  OTHER BETTER OPTION AND FIND BETTER WIFE WHO LIKES YOU AND SINCERE ABOUT YOUR FEELINGS. IT YOU WILL TRY SINCERELY YOU CAN EVEN FIND GOD THEN WHY NOT FIND BETTER WIFE.

WISHING YOU VERY GOOD LUCK.

IN CASE STILL YOU REQUIRE ANY HELF KINDLY SEND DETAILS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

Jasvinder Singh (Security)     07 May 2009

I am a sikh and she is a hindu and therefore we noth come under the hindu marriage act and registration as a special mariage act may not be required. I will request MR.Prabhakar to help me with giving the legal options to restrain her legally.

Jasvinder Singh (Security)     07 May 2009

Sir,

My immediate concern is to stop her from leaving the country. She also got married in a very secret fashion ouyside Bangalore at very shrt notice by way of registered marriage and I am told that notice of one month was also not given. She is a permanent resident of bangalore and therefore it was the marriage registrar in bangalore where her marriag was to be registered. Her new husband is an american gren card holder/Us citizen and I am sure he should also have invited objections before geting married to her.

Please do suggest the legal optins open to me and not to forget her. If she had behaved fairly with me, I would have even let her go her way. I go on a vacation for two weks and come back to find out that my wife has married some one else. This is too much for me todigest.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MARRIAGE UNDER GIVEN CIRCUMSTANCES KINDLY NOTE THAT

1.YOU AND YOUR LADY ARE FOLLOWING DIFFERENT RELIGION HENCE YOUR MARRIAGE SHOULD BE REGISTERED UNDER SPECIAL MARRIAGE ACT.BUT YOU HAVE DELAYED TO REGISTER THE SAME.KINDLY NOTE THAT FOR REGISTRATION OF MARRIAGE BOTH HUSBAND AND WIFE AND THE PRIST AND THREE WITNESSES INCLUDING ONE LADY WITNESS SHOULD ALSO SIGN THE MARRIAGE REGISTRATION FORM UNDER THE SPECIAL MARRIAGE ACT.THEN NOTICE WILL BE ISSUED ON THE GIVEN ADDRESSES OF BRIDE AND HUSBAND.THE ADDRESS WILL BE VERIFIED AND OBJECTIONS INVITED.AND AFTER VERIFYING AGE,ADDRESS AND ALL PROOFS THEN MARRIAGE CERTIFICATE WILL BE ISSUED

2.IN YOUR CASE YOU DO NOT HAVE ANY DOCUMENTARY PROOF OF YOUR MARRIAGE.HENCE TO PROVE IN THE COURT  ON THE BASIS OF AFFIDAVITS OF YOUR FRIENDS AND OFFICE STAFF IT WILL BE VERY DIFFICULT .

3. KINDLY NOTE THAT YOUR WIFE HAS ALREADY REMARRIED AND SHE IS NOT WILLING TO STAY WITH YOU.SO BE BRAVE DONOT  THINK MORE AND DO NOT SPOIL YOUR CAREER. CHECK THE  OTHER BETTER OPTION AND FIND BETTER WIFE WHO LIKES YOU AND SINCERE ABOUT YOUR FEELINGS. IT YOU WILL TRY SINCERELY YOU CAN EVEN FIND GOD THEN WHY NOT FIND BETTER WIFE.

WISHING YOU VERY GOOD LUCK.

IN CASE STILL YOU REQUIRE ANY HELF KINDLY SEND DETAILS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

Swami Sadashiva Brahmendra Sar (Nil)     07 May 2009

you may frame a case for damages based on proofs of her promises and evidence of priest etc..
1 Like

Jasvinder Singh (Security)     08 May 2009

Will help if I release a public advertisement in a national news papper saying she is my wife and any one can contact me for details?

Prabhat Kumar (Advocate)     08 May 2009

Law is strange. It do not accept any marriage which is not legally performed. In your case it is not a marriage despite every thing you mentioned above. The fact is the girl is not your wife and you cann't stop her from going abroad with her husband.

V.S.R.Deekshitulu (B.Sc, B.L)     15 May 2009

Mr. Jasvinder

   Even as per your saying that no rite of marriage took place. Pooja at Temple or such other things are of no avail. It is certain that she has no love lost for you and as good as prodigal. If she marries it cannot be termed as bigamy since there is no valid marriage(1st ), Do not worry about and let there be no trials to stop her. You now make your trials to get a good house-wife

Jasvinder Singh (Security)     19 May 2009

Hi Friends,

Thanks for all your advise. I can surely not restrain her on the issue of my so called marriage with her.

What I have how ever found out that she was married at a few notice at the office of a mariage registrar at a notice of a few days as the grrom needed to fly back to USA. The procedures for the Special marriage were not followed,  neither the grom or the bride resided in the jurisiction of the marriage registrar at anypoint of time and the groom was in USA when the thirty days notice period was to be given.

I have passed on this information to my FBI contact in USA who says that the lady can be blocked from entering USA if it is proved that the registered marriage was not conducted as per rules  and the act of the husband to take the lady to USA on the basis of such a marriagge would be consudered as Human trafficking and also the husband could be jailed in USA and then expelled from USA if he is not a citizen and only a green card holder.

The issue will come up before the embassy when the lady applies for her Visa to go to USA which shoulkd be in a few months time.I am meanwhile trying to get her marriage certificate to submitted to the FBI.


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