brajesh kumar 22 July 2015

Divorce

Sir, my cousin got married through arya samaj to son of her father's sister two year before. Actually this is a love marriage then her husband registered marriage in defence organization where he is working. Defence organization recognised their marriage and permitted them to live togather but now her husband refuse to keep her with him stating that his marriage is not legal due to relationship. Is there any legal way by which my cousin can save her marriage or ultimately economically compensation from him if he leaves her.

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10 Replies

DR. DIMPLE JINDAL (ADV.) (Advocate) 22 July 2015

1. under Hindu Marriage Act 1955 and Special Marriage Act 1954, marriage solemnised between prohibited relationships is not valid. So no body can be over and above law. No one can save thier marriage.

2. As the marriage is void and hence is not a legal wedlock between the two, then no question arises for any type of compensation.

SAINATH DEVALLA (LEGAL CONSULTANT) 22 July 2015

He is her paternal cousin,and hence it attracts sapinda relationship,which is prohibitted legally.U said married in Arya Samaj,though marriages done at Arya Samaj are valid legally, and yet they have to register under SMA.

brajesh kumar 22 July 2015

But what about that defence organization which recognised their marriage and gave permission to live togather.

(Guest)

ask girl to give police complaint against husband that he beats her, once FIR is registered it is more than enough proof to prove that they are married.

Amit 22 July 2015

1. Is he is working as a combatant or civil employe in defence. 2. If he is combatant, then his marriage will documented in their records. 3. She can appeal to the officer inchagre of that unit. 4. She can even talk to the AWWA president of defence. ( army wife's welfare association ). 5. If she can even take confirm her marriage documentation from the Records unit of her husband. 6. She can appeal to the nearest sub area of her place for any emergency.

brajesh kumar 22 July 2015

Amit sir I think this will not help her as if marriage itself is not valid then how awwa and all will help her

brajesh kumar 22 July 2015

Amit sir I think this will not help her as if marriage itself is not valid then how awwa and all will help her

brajesh kumar 22 July 2015

Amit sir I think this will not help her as if marriage itself is not valid then how awwa and all will help her

Amit 22 July 2015

You mentioned that they permitted them to stay in army quarters. If that is the case, then it's for sure that his marriage certification is done in army.

brajesh kumar 23 July 2015

In hindu special marriage act 1954 I was told that this marriage is completely valid and also marriage certificate from registrar office can be taken after two year of marriage date.