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ASK (IT)     14 July 2010

Urgent - Marriage is valid or invalid

Dear All - I am here to get your advise and save my life.

In 2006, i was intended to get marry with a girl who is illiterate, poor, staying away from home based on my mercy and her love towards me. So i got a photograph with her only for the soley purpose of getting intended register marriage. As i am not aware of the register marriage process and i was busy with my profession and could not be to inquire, she in a hurry went to her native place and prepared fake wedding card and made arrangements in register office and informed me to come for registration. i went to her place and signed on that fake wedding card and applied for special hindu marriage act. But this is not solemenized because i havent gone and signed before 90days of filing..this is purely because of her character and age difference of 7years.I came to know all about her through one of my friend. Register office has also issued me a certificate that marriage was not solemenized. Later she filed a case against me and got decree.Judgement was given as we are married, maintenance is awared for 5000/-month, not to go for second marriage.

She has produced only photograph which was submitted in the register office and then wedding card and the papers submitted in the register office under Special marriage act. Only with these documents and 3witnesses who said that marriage has taken place according to hindu custom- the judge has given the above decree which made my entire family life into depression.

She has not submitted any proof of cohabitation or staying together because we never stayed together.

now i filed a case in highcourt for justice. So kindly help me out in what way this case can be handled.

Is there any similar case earlier which got dismissed ???

Please respond me if incase you need any more information for you to think..

I was put in bad shape all because of my helping nature towards poor girl.

Your all inputs are really appreciated and i will be very greatful to you..

Thanks

Your friendly...



Learning

 5 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     14 July 2010

well as you have received notice from the marriage registar court cannot refuse the same to accept as evidence,

high court will probably give judgement in your favour 

1 Like

Arup (UNEMPLOYED)     14 July 2010

special hindu marriage act (?)

CLEAR WHEATHER SPECIAL MARRIAGE ACT OR HINDU MARRIAGE ACT?

WAS THE DECREE, EX PARTY?

HAVE YOU RECEIVED THE NOTICE?

WHAT IS THE CAUSE OF YOUR NON ATTENDING THE TRIAL COURT?

"Register office has also issued me a certificate that marriage was not solemenized." - THIS WILL HELP YOU.

HAS HC NOTICE HER?

"maintenance is awared for 5000/-month" - GET STAY ON IT FROM HC.

 

Arup (UNEMPLOYED)     14 July 2010

MARRIAGE WILL BE VALID IF SHE CAN PROOVE THAT THE MARRIAGE WAS DULY SOLEMNIZED UNDER THE HINDU MARRIAGE ACT.

WHERE IS THE PHOTO OF SOLEMNIZATION?

WHO WAS THE PRIST?

GET READY FOR THE ABOVE QUESTIONS. THESE MAY HELP TO SAVE YOU.

 

1 Like

ASK (IT)     14 July 2010

Dear All - I am really happy to see your response. I am confident about what you say...Thanks a ton !!!!

Dear Gupta Sir, It is Special Marriage Act. There is no photo of solemnization because i have never married to her and it didnt happen even in temple...In her evidence she accepted that she is not aware of the priest name also.

I attended the lower court at all required stages...Decree was not ex-partied, it is judgement only. I applied for Stay on all three cases...RPFC,RFA and MFA...Waiting for hearing dates..

Kindly let me know if there are any judgements or citations which are related to this. So that it will help me a lot.

Once again i am greatful to you for all your advises.

Thanks

Arup (UNEMPLOYED)     19 July 2010

dear ask,

please search google by the words ' frawd in matrimonial law ' or like this. you will get large number of information in this regard.


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