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kavita (teacher)     25 March 2010

Can I get married again

Hi All

 

Here's my query:

Me and my boyfriend had our roka early last year and the marriage was slated for 2009 end. The boy's mother and sister were not really happy with the marriage. But the boy assured me normalcy after marriage. But around Diwali, the boy's sister had an argument with me, and she created a lot of hue and cry and his mother and sister decided to cancel the marriage. Seeing no way the guy decided to get married in Arya Samaj mandir, we did not go through the feras but got the certificate. When this thing came to the boy's family's notice. His jija ji who is a govt employee played the smart game and forced my parents for a simple marriage 10 days before marriage. When my parents refused. they being afraid of a dowry case sent us legal notices that they are simple people etc etc. And the guy's contact was broken with me.

           Finally leaving the strings open here, they finalized the guy's marriage elsewhere. Fortunately they people remotely got in touch and his marriage was canceled there.


Now my query is that

1. is the arya samaj certificate valid??

2. What are the options with me and the guy to get married elsewhere?

3. i have the photos, xeroxes of the affidavits submitted in the mandir and the original certificate
. Can i file some suite against him

4. and is divorce mandatory?

5. What should be my take as I am totally emotionally drowned???



Learning

 10 Replies

A V Vishal (Advocate)     25 March 2010

 is the arya samaj certificate valid??

Ans. Yes, the marriage is legally valid.

What are the options with me and the guy to get married elsewhere?

Ans. You can register your marriage under the Hindu Marriage Act.

i have the photos, xeroxes of the affidavits submitted in the mandir and the original certificate
. Can i file some suite against him

Ans. Yes, you can.

and is divorce mandatory?

Ans. Yes divorce is mandatory since you got married at Arya Samaj.

Suchitra. S (Advocate)     25 March 2010

Kavitha ji, I want to say in reply to your 2nd question that, you and your husband have to take legal divorce before getting married again to somebody else. If you want to register the Arya Samaj marriage which has taken place, you can register the same under Hindu Marriage Act, as Vishal ji has stated. I had to answer this, as I did not understand you 2nd question. I concur with other answers by Vishal sir.

Vikas Dharmendra (Consultant)     25 March 2010

you are now his wife, if you both want to seperate then just take mutual consent divorce.

Suryanarayana Tangirala (Advocate)     25 March 2010

Iam with my friends too u r legally wedded wife so approach registrar of marriage for registration of marriage though arya samaj certificate is valid u have to register u r marriage with registrar of marriageswho is competent authoirty to register marriages in view of complusory registration of marriage act or court of law for divorce as per u r choice

S.B _Kolkata (Service)     25 March 2010

Kavitha ji,

 

AAp log shaadi kyo karti ho???????????????

gold (-)     26 March 2010

how many days are over after this marriage?

d.venkateswarulu (lawyers)     26 March 2010

any form of marriage is valid in Hindu Law, your marriage is valid. you can get divorce through court. you can file a suit as well as prevent him from remarriage as long as your marriage subsisting. marriage is only a formality and the relationship is more important. you must be happy that it happened soon after marriage. you are saved. think if it is happening after some years.

kavita (teacher)     26 March 2010

hi all

thnks for all ur replies they give me some direction but i need some more thoughts on these points:

 

1. i never went to his home, not even for a single day.Does this impacts the case??

2. This is like a divorce without real marriage for me, and i still have feelings for him so i want to continue with this marriage, on what grounds can I ask the guy to take me home?

3. He is not in contact with me after the legal notices sent by them, so what are ways to compel him
?

4. In case he does not agrees, after how much time can a alimony /divorce case be filed???

Vikas Dharmendra (Consultant)     27 March 2010

Take mutual consent divorce from him,, find someone else carefully and live your life happily, do not go for any kind of  criminal cases and unnecessary time waste, do not play cheating game ,, no advantage.

you are a teacher and earning the why thinking to file alimony case????????????????

suresh (Advocates and Arbitrators)     27 March 2010

Dear Kavitha,

if you want to continue this marriage and if you want to live with him. then you approach High Court with necessary documents under Art.226 of Constitution of India ( Hebeas Corpus). Let him appear before the court and tell the truth.


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