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rohan gupta (SOFTWARE ENGINEER)     25 November 2013

Very urgent

HI I am rohan from delhi, I need an advice as its very urgent.My girlfriend was forcefully married to a person.

Now she wants to come back to me but the issue is that she doesn't have any Id proof so that i can show to the police that she came on her own will.She is 25 years old.Before marrying that guy ,me and my girlfriend had done the notary of our marriage as we had done marriage in a temple but no proof ,only notary.Its been a two year since we have done the notary .Can i bring her back and stay safe from kidnapping charges as i fear their family can log a kidnapping charges on me .Please suggest.



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 10 Replies

Pooja Hegde R. (Advocate)     26 November 2013

What exactly do you mean by "only notary"?

SAM (LEGAL)     26 November 2013

Dear Rohan, If she is married to some other person, let her be happy in life, why do u want to spoil her life. I think she is not matured enough, but u r a matured person. you should think like a mature man and let her live her life or else both sides will not be happy. I would request you to find some other girl as there are many girls for you dear. If she is not happy in her married life, then she will take divorce from her husband and then she can marry you. She had already cheated her innocent husband and suppressed the fact about herself. I think you should not provoke her to leave her happy married life and come and stay with you or else she might not be trustable to you too............... Please dear try any other girl and lead a happy life Regards, Sam

Vivek (na)     26 November 2013

Agree with Sam.  The best thing you can do is stay out of her life now.

rohan gupta (SOFTWARE ENGINEER)     26 November 2013

Hi ,problem is she was forcefully married to that guy.we use to talk everyday.we had done notary of our marriage bt could not get the registry from court .But we were not living together.Could you please suggest ,if I take her back to Delhi ,can I put an statement of her infront of police that she came on her own will.moreover she doesnt hold any identity proof at present as everything is at her parents home

Vivek (na)     26 November 2013

You cannot do anything, period!

fighting for my brother (HR)     27 November 2013

@Vivek.. what period!!.. nothing is period... life is dynamic..

@Rohan--- if you still in touch and your GF is not happy due to forced marraige... its better ask your GF to disclose to his husband .. take divorce and return to you..

otherwise she will spoil all the three lifes... might turned into bad wife..due to forced marraige..

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 November 2013

Marriage in a temple is valid only in films and soaps. There is no provision under law to validate such marriages by notarizing or other means.

The girl's marriage would have been with a person chosen by her parents or other relatives. Did her parents know about your temple marriage or at least you were in love with each other? Did her husband know about her pre-marital  affair before he married her? If her husband did not know,  the action of your girl-friend amounts to cheating and would be punishable. If your temple marriage is held valid, then her marriage to the other person would be her second marriage an offence punishable under Hindu Marriage Act.

You are writing "Now she wants to come back". That means that there has been a change of mind on her part after the marriage. Your girl is 25 years of age and hence a mature adult. You and your girl friend should realize  that you cannot be so selfish and that you have no right to play with the lives of others. In order to achieve your selfish ends you want to throw out the other fellow. What is this forcible (not forceful) marriage? Either she should have publicly declared that she had married you or you should have filed a writ of habeas corpus praying for her production before a court, where she could have publicly declared that she wanted to marry you only.

As these things have not happened, now you reconcile yourself to the situation.

Advocate Ashok Kumar (Counsel)     28 November 2013

Hello Rohan,

If you have already married your girlfriend. then she is now your married wife and not a girlfriend. Were there any witnesses to your marriage? Was the marriage according to Hindu traditions and rituals? Can you contact the pandit who performed the marriage? If you have done everything according to law, then her marriage to another person is void and will be discarded by a court. You will have to explain what you mean by had done by notary of marriage. Did you get it written on a stamp paper that you two had gotten married? The normal procedure is that you go and get your marriage registered with the Registrar of marriages, along with two witnesses who attest to your wedding. If you bring her back, even with her consent. it will be seen as stealing someone else's wife and you can have charges of kidnapping, as well as outraging the modesty of a woman filed against you.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

rohan gupta (SOFTWARE ENGINEER)     28 November 2013

She was force to marry and the guy to whom she is married now was chasing her to marry for last 10 years.yes her family know about our affair and did a sudden marriage arrangement.If she comes with her consent what is the issue.Can't we live together.please help,that guy is 6 years older than her

Advocate Ravinder (Advocate/Attorney)     01 December 2013

First ask that girl whether she is happy with his present husband.  If not, whether she is willing to live with you.  If she is willing file a petition for annulment of marriage and also file criminal case against the present husband for forceful marraige and kidnapping.  After getting the marriage annuled, you can marry her. Untill then wait.  If she is 25 years old no need to worry.  But you have to collect documents before going to the court. Document showing her date of birth is enough i.e. SSC Memo, ration card, Bank pass book, Driving licence, voter id etc.  


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