Marriage certificated required?


Hello there.

My cousin has recently got married and is in two minds whether to get the marriage registered with the government or not. 

These days men have to be prepared for a false 498a of the IPC, so, in such a case, will the non-registration of the marriage help somehow ?

I have read on this forum that wedding cards and wedding photographs can also prove a marital bond. 

Personally, my ex-wife tried to file for a false DV and the SHO asked her to get a lawyer. The lawyer asked for a copy of the MC and she did not have it at home. Nor did she have the photographs or Wedding card at that moment. She could not register an FIR that day. 

Hence the question arises how can we play safe in case of a "false", I repeat, "False" 498a.

Thanks folks!

 

 
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legal advisor

assuming you are hindus registration of marriage is not compulsory and in a 498a case or even a dv case i dont think its compulsory to produce marriage certificate for filing case under it

 
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Why you are deriving such conclusions at a tender stage of marriage. All families does not have disputes and all husband & wives are not litigants.

 

First tell him to focus towards marital harmony & lead a pious & peaceful life with his wife. Love, sacrifice, caring & trust are the key parameters for leading a healthy family life. 

 

In Hindu Marriage, a certificate is not at all required to establish marriage.

 
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LEGAL CONSULTANT

So after tying the nuptial knot, immediately U keep dreaming of the aftermath. Good presumption on the part of newlyweds. 

 
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Thank you for your time to reply and advise dear members (SAINATH DEVALLANihar Ranjan Dash,saravanan.s)

To be honest, no one in my family expected that my ex would pull the false DV and dowry card in a million years. She entered into an illicit affair and to cover up tried to file. We cousins have had a straight upbringing where we study, get good grades, get a decent job and settle down. We are very poor at managing the worldly traits. So everyone now in our family feels the need to protect themselves from harm. 

 

Also I did not know that being a Hindu citizen or Muslim citizen of the republic of India would matter in terms of filing an FIR for DV or Dowry. 

Please note that we are a muslim family. Please advise. 

Thank you again for your time and  help with this precautionary measure. Better safe than sorry. We wish the new bride and groom a happy and successful union for many a year. 

Thank you.

 
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xxx

I agree better be safe than Sorry. Men should do the following in my opinion to play safe from False and potential 498a/DV practitioners.

1) Do thorough pre-marital Background check of girl and family members. Any reliable detective agency can do this job for you. You will be surprised many marriages have got cancelled after inputs derived from such investigation. This applies for both Girl/Boy

2) Be Strictly Cautious / NO to marriage where 498a /DV is registered and huge alimony demanded , and most important where 498a / DV could not be PROVED. Such a family is trained in Using / misusing the law and would go legal at the drop of the hat without trying the mediation route in case of any marital discord. 

3) Don't go for a kid atleast for 6months to a 1year OR as may be appropriate, during this time couples get ample time to know each other, if one see's any red flags then any further damage to relationship can be avoided. Pls remember there are statistics to prove that many women file 498a/DV cases after they conceive or kids are born. Unfortunately these greedy and selfish women use kids as a tool to harass husband and for claiming huge settlement amounts. Step/Point  1 can be applied at this stage as well.

4) If you are at stage of split or serious relationship issues then manage your finances carefully to avoid financial damage when maintenance/alimony will be claimed , this should be done smartly before things go out of hand. This is the most important aspect which men only realize when they are slapped with false 498a/DV cases /huge alimony amounts demanded. Once a man's backbone is broken after he gets hit in paying huge maintenance /alimony amounts he loses his patience & willpower to fight /and thus weakens his case.

Your cousin should have done this b4 marriage, by worrying about it now will only make him worry unnecessarily and doubt his wife.  Also the guy & family  should behave responsibly in the marriage and if he see's any red flags at any time during the marriage, he can take appropriate steps for prevention of such false cases.  All the Best !!!

 

 

 
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LEGAL CONSULTANT

Dear querist initially U have not mentioned about her illicit affair. Is she a muslim or a hindu? 498A ia a weapon in the  of women to completely defame the entire family of their inlaws. Even a 100 yr old man will be  incorporated in the complaint. 99% of the cases u/s 498A are false and even the courts right from MM courts to the Highest seat in the SC knows. But they have to go as per the FIR filed and the Chargesheet.

 
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Dear querist, there is no escape route to avoid being implicated in the 498a or DV case  by not registering the solemnised marriage.  A marriage done is there hence it will hardly make any difference even if it is unregistered.  Since you belong to Muslim community, the registration in the concerned masjid/mosque is ample proof for marriage, so dont into such absurd ideas.  If she is going ahead with such cases whether true or false, one has to face it, challenge it on the basis of merits in his side.   Even the live-in relationship come under the purview becoming eligible for filing a DV case.  So understand the law and take precautionary methods accordingly.

 
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