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Im Christian and got divorce on Nov 2016. My wife side applied divorce without informing me and she got ex-parte order with no costs. I was informed on Januray 2017 and i applied but so far i havent got my decree. In the mean time im trying to get married to a girl who is a hindu. The girl is willing and my parents are ok. The girls mother and sister are also ok with this marriage. But her father is a big business man and he has some connections with political people. He has house arrested the girl for the past 3 months and threatens me that if i marry her, i will be arrested on charges of kidnapping and so many things. The girl is willing to come out without the knowledge of the father but all of their family is scared of her dad. He threaten that we both will be killed and sometimes he threatens that he will commit suicide. Is it true that a police case can be filed against me? If she comes and if we get married, will that be kidnapping? Can i marry now without getting my divorce copy. I can get a xerox copy but not original. I wantd to know the legal and police side issues if i marry her regarding marryiong without divorce copy and this kidnapping and so many charges like mesmerism etc..In case if he commits suicide again will we both face trials? .Im 35 and she is 27. Please advice. Im from chennai and the girl is from a village near tirunelveli.
First you have to get divorce copy from the Court where it was filed. Then make a complaint against the father of the girl and also inform the court for marriage. first you have to consult a well vers knowledged Lawyer of your city in the matter.
You can file a writ of habeas corpus in High Court stating all the facts and for ordering the police to produce her before the court. The court will ask her whether she was being illegally detained. If she affirms, the court will order the police to ensure that she is set free. If she remains a Hindu, you can get married only under the Special Marriages Act, 1954. You ask the Registrar of Marriages, whether xerox copy of divorce order from the court would be sufficient.