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Fake case under section 9.pls help me 4my sister

(Querist) 12 March 2012 This query is : Resolved 
my sister has attempted the marriage with the person.after clicking the photos in temple and signing on notery my sister came back home same day.next day she told that she got married.and also she came to know that she has been fooled by that person who lied about his education and other things.she refused to go with that person.that person has now filed a case against my sister under section 9,by saying she lived with him for 8 days,she is my wife.by submitting the marriage photos and the notery signed by my sister.they clicked the photos without any family member in it nor from his side.and also she returned home same day she did this.so how can he file such case.we are fighting from 6 months in court.please help us.its very urgent

she is major. saptapadi was not done.as per her knowing they just clicked the photographs with the presence of pandit and his friends also my sister's friend was there. they submitted those photos as the evidence of marriage to the marriage registration office where that persons parents signed in register with these both.after we ask that person to show his educational and jobs documents,but he kept us hanging for two weeks.there she came to know that he fooled her and she understood her mistake.also he kept calling her through his parents to leave home and kept threatning her.as my parents and me were in oppose of this marriage we asked her to sign on stamp that she refused this marriage and submitted those papers photocopies in the marriage departments offices.after 2 months reply was that there no marriage certification is issued from respective departments.we have only this evidence in hand.after he filed the case.we replied with falsification.and are stuck to it. what should i do to prove this marriage null?my sister will be stamped as divorcee?
pankaj (Querist) 12 March 2012
please help
Arvind Singh Chauhan (Expert) 12 March 2012
You didn't disclosed the-
1 age of your sister
2 Mode of marriage

For a valid marriage Spatpadi is essential element.

You have three options-

1. Let their life united if possible.
2. Stick on that it was not a valid marriage.
3 Or file a suit for nullifying the marriage.
Kiran Kumar (Expert) 12 March 2012
for 6 months you are already fighting out the matter...therefore you must have filed the written statement/ reply in the matter.

shell out the details of your reply, we will find out some solution.
SAINATH DEVALLA (Expert) 12 March 2012
Dear Mr.Pankaj,

You have to provide some more actual facts before we here come to a conclusion by giving you the corrrect advice.Because this is a very sensitive matter concerning the life of your sister.What was she doing all these days?How come, she came to know about him only the marriage was notarised?Keep aside the marriage photos.Let us presume that they can be created,but what about the notary certificate.Is your sister a major?You are saying that she returned home the very day of her marriage.If it is proved that the marriage is legal,then she has either to go back to him or if she is still not convinced about the character of her husband,she can file a suit nullifing the marriage.Anyway try for a councelling with marriage councellors.If that too fails proceed legally.
SAINATH DEVALLA (Expert) 12 March 2012
Section 9 in The Hindu Marriage Act, 1955
9. Restitution of cojugal right. 1[ 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 land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

1[ Explanation.- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of prov- ing reasonable excuse shall be on the person who has withdrawn from the society.] 2[
Sudhir Kumar, Advocate (Expert) 12 March 2012
There is no need of presence of any member of family. It is not a Muslim or Christina marriage where witnesses are essential . What she gave in writing before notary is anyone guess because you are not disclosing the contents. It appears taht she has admitted marriage. What else do you need. Saptpadi is essential normally but in many parts of India there is no saptapadi (Punjab and Haryana). In pubjabi Hindus mostly there are only four circles (not seven ) around holy fire. Sikh marriages are also governed by HMA but they do not even have sacred fire. Even Jain Buddhist have different ceremony and yet governed under HMA.

All these marriages are valid.

You are perhaps on the receiving end. You sister had been in league with misfortune. Now she has to admit that there is a marriage and he has induced her to marry because of misrepresentation etc.
Gulshan Tanwar (Expert) 12 March 2012
There is no need of Saptpadi.....
Raj Kumar Makkad (Expert) 12 March 2012
If the marriage has not been consummated, it is not a legal marriage and your sister should insist only upon this point and thus get the marriage declared as null and void.
Shonee Kapoor (Expert) 12 March 2012
I disagree, non-consummation of marriage alone does not make it null and void.

Try fraud instead.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi (Expert) 14 March 2012
Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnised.”

the law says that a marriage can be performed or "solemnised" according to the customary rituals and ceremonies of the community to which either the bride or the groom belongs. the rituals and ceremonies carried out must be recognised and accepted by the community concerned as being the proper ones for formalising a marriage. For example, the law makes it very clear that in a Hindu marriage, where the ceremony includes the saptpadi, the ritual of circling the sacred fire seven times, the ceremony becomes complete and the marriage binding when the seventh round is completed.

in the presentcase no valid marriage has been performed . mere clicking of pics in front of pandit and in temple does not make it a vlid marriage . cotest the case . engage a lawyer


Deepak Nair (Expert) 14 March 2012
In addition to the rightful advise from Mr.Sethi, consummation is also an assential part for completion of marriage.

Further, as per your contentions, the marriage is not registered and your sister was induced to the marriage on false and frivolous representations. This ground is sufficient to nullifiry the marriage.
Kiran Kumar (Expert) 14 March 2012
your matter involves a lot of facts to be proved with a cogent evidence.

better seek help of a local lawyer, mere academic exercise here wont serve the purpose...have faith in your lawyer and fight it out.
V R SHROFF (Expert) 14 March 2012
You claim She never married, ans is a spinster.
You need not wait for court Judgement or order. No one stops you marry another man.
Let him do , whatever he wants to do.

Never say again "my sister has attempted the marriage with the person."
If you say so, you are in trouble to disprove marriage.
consume hv nothing to do,
Shonee Kapoor (Expert) 14 March 2012
Conummation is not a necessary part of the marriage. The marriage can not be annulled on this ground alone.

Only when the non-consummation is due to the impotency of the respondent, it becomes a ground for divorce,

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair (Expert) 14 March 2012
An experienced advise from Mr.Shroff. Act as advised above by Mr.Shroff.
Sudhir Kumar, Advocate (Expert) 14 March 2012
I also disagree. It is only muslim marriage which is invalid due to non-consumnation.
Sudhir Kumar, Advocate (Expert) 14 March 2012
You are confused. Unable to explain your problem. Please visit the nearest available competent lawyer near to you with all the papers. Beating around the bush on the internet has a danger. The lawyer of opposite party (if also member of this forum) can get educated of the shortcoming of your case.
SAINATH DEVALLA (Expert) 15 March 2012
Dear Mr.Pankaj,

You have presented the same case on 12th March at 15.38pm.Your query was answered by most of the experts and still you have not understood the contents.Better put the matter before a competent lawyer.
ESTHERPRIYA (Expert) 15 March 2012
Need more details to support your view.
Shonee Kapoor (Expert) 16 March 2012
Dear Nair Sir,

I was still expecting some answers regarding non-consummation alone being a ground for nullity.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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