Love marriage filed rcr section 9 family court

Hi Experts,

    Please Advice how to proceed, We are in a big problem.

Thanks,

Srini.

Dear,

I think the photographs and everything is a valid proof of their marriage getting solemnized, but I need to know whether both the parties are Hindu and  was there any priest present there at the time of phere..... There is a way out I think and she would be free him, please provide me these details first.

Advocate Kapil Chandna

9911218741

Hi Madam,

     Thank you for replying,

Answers:

    1) Both are hindus , (Girl -backward Class, Boy-Scheduled Caste) .

    2) Yes, Temple Poojari is there, but there is no certificate from temple.

     3)) Marraige was not registered.

New Questions:

    1) If she deny the marriage in Family court  , because in highcourt she denied the marraige and that order also attached to this.

     2) If the exparty happens , is it possible the person to take the police force and take her as per law? , why because the person is police.

     What can be the pro's and con's, please suggest how to proceed.

Thanks,

Srini.

Sir/madam,

Even if the marriage is termed valid, no law can force a girl to return to her martial home against her wishes. Even after an order is passed in RCR, the girl can not be forced to return, against her wishes, by any Court of Law. All the girl may stand to lose is the alimony or maintenance claims, which is again doubtful.

Good Luck,

Kishor Mehta

Yes, Mr. KishoreMehta is right in opining that even the court orders for restitution of conjugal rights, only if the girl is willing to return to resume her marital voyage with you, it is possible for a reunion otherwise legally you can do nothing about this.  She has already deposed before high court that she was not kidnapped or confined against her wish or desire, so it will not be possible for you to initiate any legal action other than RCR and then keep quite. You should be able to prove before the court that you both have married each other with the evidences in your hand. If she is refusing to receive the summons, you may get an exparte order in your RCR, which may help you prove that you are married to her so she will not be able to marry another person without divorcing you and in case she does, it will be invalid before law for which you can file case against her under the provisions of law for marrying second time while her first marriage subsists.  She can be punished for this offence under criminal law.

Hi,

   Thank you verymuch sir .

Thanks,

Srini. 

Dear Author,

U will have to file a writ petition before the Hon'ble High Court.