lodged case under section 9 of HMA

dipankar (Querist) 13 December 2010 This query is : Resolved
I AM MARRIED TO A GIRL,BUT NOW THE SITUATION IS THAT SHE AND HER PARENTS ARE DENYING MARRIAGE DUE TO CASTE.WE BOTH ARE HINDUS AND SHE IS ABOVE 18.NOW HER PARENTS ARE TRYING TO REMARRY HER.I HAVE LODGED CASE UNDER SEC.9OF HMA.Can i stop her marriage now?

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adv. rajeev ( rajoo ) (Expert) 13 December 2010
File an injunction suit against you wife as not go for another marriage.

hemalatha (Expert) 13 December 2010
You have not stated whether your marriage is registered or not. If registered you can also file a Habeas Corpus petition before the Hon'ble High Court, to bring your wife before the court, and if she wishes to come with you then you can take your wife along with you. As you have stated that your wife was a major at the time of marriage, she is your legally wedded wife.

Kirti Kar Tripathi (Expert) 14 December 2010
You can file injunction suit as well a writ of Habeas Corpus. by injunction you can restrain her from remarriage and by Habeas Corpus can seek her production before HC but during the course of production the Court will ask her willingness, where want to live.

G. ARAVINTHAN (Expert) 14 December 2010
I second the opinion of Tripathi. that is more practical as you can proceed with your life on having evidence made in Habeas Corpus.

G. ARAVINTHAN (Expert) 14 December 2010
because you can bring horse to pond pool. but cannot make it drink water. That is the weakness in Sec 9 of HMA.