Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

azizurrehan   27 February 2015

Legal marriage help

I, Azizur Rahman resident of district Champaran was married to Bilquish Bano resident of district Gopalganj by a maulvi in Nov 2010. I was blessed with a daughter in Oct 2011. My wife always used to stay with her parents. In November 2012, my wife went again to her parental home. She returned to me at Last week of May 2013. She was pregnant, but I did not contact her during the period of his stay at her parental home. So, I raised question against it amongst my father-in-law. He did nothing. She gave birth to second daughter at her parental home. I did not bring her. She filed a case at Mahila Police station, Chhapra district against me at IPC 341/323/307/120B/498A and 3/4 dated June 2014. I contacted several people of her district Gopalganj. One of them, told me the truth of my wife’s police case. My mother-in-law had lodged a case against Ravindra Yadav that he had kidnapped her daughter. So, police caught Bilquish and Ravindra from Kanpur, UP and brought to Gopalganj Police station. In the court of Gopalganj, I found lot of documents. One document was 164 ka byan. She was stating in the byan amongst magistrate that she had herself flewed Ravindra Yadav from Gopalganj and married to him by his own will at Durga temple in Kanpur, UP and she will live with him only. Otherwise, she will suicide. She will not go to her parent’s home. She was in jail for 2 months. She was released to her parents, because, her parents showed proof to court that she is of 17 and half years old only. Ravindra was in jail, but Bilquish was handed over to her parents in 2004. In 2010, her parents married Bilquish to me by hiding the facts related to her daughter by the name Juhi Bano. I found that her earlier case was compromised in April 2013.

 Now, I want to know that was my marriage legal according to Indian kanoon? I have divorced her too. What should I do to get rid from this case? Please, suggest me. I am too disturbed.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     02 March 2015

If she has stated to have married another man and the marriage was subsisting as on the date of marriage with you during Nov 2010, as per Muslim personal law, a muslim woman who is having a spouse through a marriage cannot marry another Muslim  as per Muslim personal law and such marriage, if conducted by concealing the facts are known later, will be considered as void and illegal.  Therefore ab initio your marriage with her, if her previous marriage subsisted, is void and invalid.  Now, the false cases (allegedly), filed against you can be challenged appropriately on the basis of the strong evidences you stated to be in possession.   Take the help of your lawyer for further issues.

azizurrehan   18 March 2015

respected Advocate T. Kalaiselvan. Sir, thanks for your valuable suggestion. Can i get anticipatory bail from high court?

azizurrehan   06 August 2015

Respected sir,

She has filed a maintainence complaint case under the section of 125 to the District Judge. What should i do now, as i have stated my all problems which happened to me. Yet, I have not got anticipatory bail from high court. Please sir, help me. I am unaware of the laws. Please sir, help me.
Thanking you sir.

T. Kalaiselvan, Advocate (Advocate)     06 August 2015

What is the reason that you have applied for anticipatory bail before the high court? Has she made any complaint against you in the name of dowry harassment?, When was the marriage dissolved or you divorced her?, 

If she has filed maintenance case, you have to challenge about its maintainability


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register