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(Guest)

Confused, i am married or not ??????

Hi Friends,

First go thru my story scriptted in my information section of profile page.

I am very much confused about my married life.

What i say to other's about me whether I am single or married.

Is anyone confirmed me, That if someone's marriage broken just before saptpadi by bride party. Then he is married or single. Garland exchange done then dinner and Phera not done.

I am eligible to do marriage, if case is going on in the court.

Valuable feedback expected from LCI members.

 

Rgds,

Abhinatre Gupt.



Learning

 7 Replies

Ranee....... (NA)     21 January 2012

Hi abhinetra how r you?

I dont know the legal statua but i have seen in movies without fere marriage is not completed..Lets see what experts say..

akash kapoor (*************)     21 January 2012

 

1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

 

(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

 

THIS IS SECTION 7 OF HMA 1955

 

REGARDS

 

1 Like

(Guest)

Some more to add on:

In FIR against me, My bride blaimed me with her statement that i denied for mrg related to dowry demands before saptpadi.

But that is not the case, Till date chargesheet not submitted by IO till date from the DOC 12052011.

Some suggest me, I am free to marry at anytime and some not.

Many suggest, Do marriage after case is over not before that.

So situation is very much confusing, What to do ?

 

Rgds,

Abhinatre Gupt.


(Guest)

@ Utpala Ji

Hello Utpala Ji, I am fine.

How's your life goin on ?

How your both angels, SAI bless them & protect them from evil's.

Enjoy the season WC's & Smile for always.

 

Rgds,

Abhinatre Gupt.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 January 2012

Dear Abhinatre You should file an petition before court for declaration of null & void marriage under section 11-12 of HMA. noone can save you or anyone from false allegations till they do not prove wrong. feel free to call
1 Like

Shantanu Wavhal (Worker)     21 January 2012

the marriage is void

in case of void marriage, obtaining formal decaration of void marriage from court is optional (not compulsary). But its better to get such declaration.

formally, u do not need to serve any legal notice to wife.

section 11 is applicable

evenif she files cases, those will be automatically quashed if u move to HC with ur relevant facts.

u r legally free to remarry even without obtaining void marriage declaration


sec. 11 deals with just declaration

sec. 12 deals with annulling process of the marriage.

Shantanu Wavhal (Worker)     21 January 2012

https://indiankanoon.org/doc/1205244/


The marriages covered by Section 11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. Although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formal declaration from a court in a proceeding specifically commenced for the purpose.


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