Love marriage
Sanjeev
(Querist) 14 February 2018
This query is : Resolved
Sir i am resident of delhi, I am 46 yers old after my mutual divorce in January I did court marriage and aryasamaj marriage from gaziabad with a 28 years old girl, my parents are agreed but girls parents are not agreed. Girl is still living with her parents she told them she want to marry me but they are not giving permission and they took mobile and laptop from her and not allowing to go out of home. What I can do to protect me and her. And how I can get my wife liagally with me. Can they file any false case against me or her. Please guide as soon as possible.
Thanks & regards
Kuummaar AS
(Expert) 14 February 2018
If facts are true, this is obvious reaction of the parents.As you have done Court marriage, you are husband and wife and if girl is faithful she will come to you. Parents' reaction is temporary.as girl tells them she wants to marry you rather than telling them the fact that she has already done court marriage.
Vijay Raj Mahajan
(Expert) 14 February 2018
File petition for restitution of conjugal rights in the Family Court and get the court summons served upon her through court. This will not only help you get your wife back to you but also get court protection for both of you.
Proof of marriage is good enough by Arya Samaj marriage certificate.
Adv. Yogen Kakade
(Expert) 14 February 2018
if your marriage is duly registered, no need to worry. Further you can certainly file a petition for restitution of conjugal rights..
Kuummaar AS
(Expert) 14 February 2018
Section 9 of the The Hindu Marriage Act, 1955 provides, inter alia, that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights. Here, wife has not, indeed, withdrawn from the society of her husband. The circumstances are different. As such, it is doubtful, whether RCR petition will be entertained by the Court.
Kumar Doab
(Expert) 14 February 2018
The lady is your legally wedded wife.
Is she not willing to walk out and move to you?
Taking mobile, laptop does not mean she is captive under lock and key.
Kumar Doab
(Expert) 14 February 2018
Involve elders of your family to resolve the matter amicably and avoid altercations, verbal duel etc…
Soon you may understand if the Lady sincerely wants to unite with you or not.
Thereafter your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record can help you to take shelter under provisos of law…
Kuummaar AS
(Expert) 14 February 2018
भाई संजीव क्या तुम खाली जो एक ही QUERY कई बार पोस्ट कर रहे हो
Sudhir Kumar, Advocate
(Expert) 15 February 2018
on other thread you are advised of filing RCR
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
Thus forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
Sudhir Kumar, Advocate
(Expert) 15 February 2018
refer
http://www.lawyersclubindia.com/experts/love-marriage--672501.asp
Sudhir Kumar, Advocate
(Expert) 15 February 2018
First of all your story is full of abject irresponsibility on the part of both of you.
When you are married why at all she is going to parental house. This means you just misused Arya Samaj process and none of you really understands the responsibility attached to marriage.
Kuummaar AS
(Expert) 15 February 2018
“वेल्ले” का मतलब बतायें
