is my marriage is voidable?


its been approximately 8 years since we married with a person (late) and my mom witnessed, coz my mom is the only one who asked me to marry and plot her Taali, Other than that we never had a marriage official way according to Hindu Law I don't have any proof of marriage since my marriage is not happens officially i didn't even have marriage certificate and marriage card and photos except my son's birth certificate since and from 3 years we are living separate now all of sudden she came home and threatened my family members of 498a what to do i don't have proof to prove my marriage is actually happened how do I approach court in my case
 
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advocate

Legally it is live-in relationship. If there's no marriage there is no question of 498. But she can file suit under DV ACT.
 
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advocate

Legally it is live-in relationship. If there's no marriage there is no question of 498. But she can file suit under DV ACT.
 
Reply   
 
advocate

Legally it is live-in relationship. If there's no marriage there is no question of 498. But she can file suit under DV ACT.
 
Reply   
 
advocate

Legally it is live-in relationship. If there's no marriage there is no question of 498. But she can file suit under DV ACT.
 
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my son birth certificate can be my marriage proof?
 
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Why she is living separately. What is the reason.from past 3yrs u didn't try to call for her.any misunderstanding came with both of u why r u refusing marraige. U r escaping to feed child. R u have tried to marry another who is ready to pay dowry. Any fault with u. Try to convince her .live together for the sake of child.
 
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The reason behind 3 years of separation is my wife wants me to keep in brides home for that they even tried some pooja n they fed me without my notice later i found it in her call recordings when I asked her for explanation she denied it then we had some arguments and she has gone to her home n started blackmailing me saying that she will commit sucide if I won't go to her home, If I was keen about second marriage i need not to wait for 3 years i was concerned about my son. I can't trust her again.
 
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The reason behind 3 years of separation is my wife wants me to keep in brides home for that they even tried some pooja n they fed me without my notice later i found it in her call recordings when I asked her for explanation she denied it then we had some arguments and she has gone to her home n started blackmailing me saying that she will commit sucide if I won't go to her home, If I was keen about second marriage i need not to wait for 3 years i was concerned about my son. I can't trust her again.
 
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Lawyer

Your marriage may not be valid , but she has the same rights as a wife as you both are living for some time to have a son, and known to the society as Husband and wife,she can file 498a ,DVC , and can even claim maintenance from you.

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