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Shiraaz (accountant)     30 May 2012

Marriage

Dear Sir,

 

I'm a muslim boy aged about 25 yeary working in a government office, there was a scheduled caste girl aged about 33 years elder than me.. She always wanted to marry me. She with the help of her cohorts and local politicians forced me to marry her. when there was no remedy for me, i knocked the door of the court  and the honurable court granted IA order to maintain status quo for both the parties... After sencing the legal action against her she, she forced to marry by blackmailng me, threatening my family members she got me married with her as per muslim law(she converted to islam) just a day after IA was granted. Later as i didn't accepted her as wife and no consumution was done she imposed false 498a dowry harrashment case and my family members.. i never showed interest in her. Now  with the  grounds of said IA order can i file declaration suit for the marriage is null and void? 



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 6 Replies

Shiraaz (accountant)     30 May 2012

 

Dear Sir,

 

I'm a muslim boy aged about 25 yeary working in a government office, there was a scheduled caste girl aged about 33 years (elder than me).. She always wanted to marry me. She with the help of her cohorts and local politicians forced me to marry her. when there was no remedy for me, i knocked the door of the court  and the honurable court granted IA order to maintain status quo for both the parties... After sencing the legal action against her she, she forced to marry by blackmailng me, threatening my family members she got me married with her as per muslim law(she converted to islam) just a day after IA was granted. Later as i didn't accepted her as wife and no consumution was done she imposed false 498a dowry harrashment case on me and on my family members.. i never showed interest in her. Now  with the  grounds of said IA order can i file declaration suit for the marriage is null and void? 

Anjuru Chandra Sekhar (Advocate )     30 May 2012

It is difficult to comment without knowing the contents of IA and on what basis court ordered status quo.  Also not known what is status quo, that is status after marriage or before marriage. Which court, under what section you claimed relief is all needed to give advise.

Anjuru Chandra Sekhar (Advocate )     30 May 2012

It is difficult to comment without knowing the contents of IA and on what basis court ordered status quo.  Also not known what is status quo, that is status after marriage or before marriage. Which court, under what section you claimed relief is all needed to give advise.  However, it is possible to say that on the same grounds as alleged in your petition relating to IA you can seek relief under HMA.  Whether the the order given in IA carries any weight to provide you relief in your fresh petition under HMA can only be known if order relating to IA is read. In my view, IA order given to you is only to prevent further complications it is not a final judgment on the merits of case. 

Shiraaz (accountant)     30 May 2012

Sir,

IA was to maintain status quo before marriage, means not to marry.   What is HMA?

Anjuru Chandra Sekhar (Advocate )     30 May 2012

HMA means Hindu marriage act, as you are a Muslim it is not applicable for you. Now coming to your question, you should file criminal case against your wife under Section 496 of Indian Penal Code because when the court order is clear about maintenance of status quo, she and her people cannot forcibly marry you because if they marry they would be marrying with the knowledge that she is not lawfully married (not lawfully married because court order of status quo is there). So they are liable under S.496 of Indian Penal Code.  If you get verdict in that case in your favor it is as good as nullification of marriage.   Only requirement is you have to prove that marriage took place after the court issued order relating to status quo in IA.

Shiraaz (accountant)     03 June 2012

Dear Sir, 

I thank you for your advise.. Now she had initiated maintainance case alleging  that i had beaten her with hands, and she had deserted me for this reason. What shall i do now?


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