Ashrita Shri 29 July 2015

Marraige dispute

Dear Learned Lawyers,

I am a married lady married over six years back. I am a hindu girl from panjab. A muslim boy from UP married me over six years back in arya samaj mandir in punjab. he married me without the knowledge of his family, however when i informed my family before marraige first they opposed but later after marraige when i informed my famliy they disconnetd all relatios with me and after that i have never met my family.We were given the certificate and in that certificate my name as hinu and his name as muslim is there. all rituals were performed even i have vedio and photo albums. we were living since than alone in punjab, he use to go at his work for weeks and use to stay with me as husband. I was always living with him as his wife leaving my entire family, however he alwys meet his family members in UP. I alwys insisted him to go to his family to meet me to his family as his wife. but alwys he rfused to disclose the facts over his family as 1. his family will angry 2. if his muslim family and muslim community will know the fact, his family will face the difficulties in the marriage of daughters. In the mean time i got pregnant and he aborted me saying that its not the time for kids so we will have kids after i manage my family.

time passed, now all her sisitrs are well married. however five months back during some enquiry i came to know from some of his friends that he has got the married with one muslim girl with muslim laws (nikah). wen i came to know i met him got angry and opposed and asked the reason. initialy he tried to manage me saying i will have both as it is. but wen i refused he decided to leave me. after that he is tring to kill me with the intention to show my killing as suicide. two times he has managed to kill me. once he brought poison and said both will suicide once with another means. both times i understood his intention so he failed. he left our flat then and he transfered our flate to his brother name. after this he and his brother came entered the flate and beat me, on this police came but he fleed.

now he has clearly said that he will never live me anymore with me. they are saying to me to give only some compensastion and forget all.

i dont have not mony so cant afford legal services. so need some clarification.

1. is this marrige illegal and fraud.please advise me.

2. what complain i can file agiant this fraud and cheet.

3. after a long time like after six month will i have same remedy under complaint.

4. as he said, that he will file for divorse, if he file for divorse, after thyat my complaint will be acted upon or not by police and court.

5. if he try to kill me and arrange someone to kill me how i can defend me.

5. please advise me properly in my case..

i will be grateful for yu learnned ;awyers.

thanks in advance

ashrita shri

ambala, punjab............................

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4 Replies

saravanan s (legal advisor) 29 July 2015

its a valid marriage and you are the lawful wife of the guy though his religion allows him to undergo more than one marriage.if he is threatening to kill you file a complaint in the police station and also ask them to give you protection.you can also take help from womens rights organisation.

if he files divorce also the complaints you file on him before or after he made application for divorce is valid.no direct relation between the divorce case he files and the cases you file over him.

if you cant hire a lawyer you can approach the free legal services authority within the court campus

(Guest)

MR. SARAVNAN, IS IT LAWFUL MARRIAGE AS IN THIS MARRIAGE MARRIAGE WAS DONE THROUGH HINDU SYSTEM (IN ARYA SAMAJ MANDIR) BETWEEN ONE MUSLIM BOY AND ONE HINDU GIRL. NO CONVERSION IS THERE. UNDER WHICH LAW THIS MARRIAGE SHOULD BE VALID AS SUCH MARRIAGES BETWEEN TWO OF DIFFRENT RELAGIONS SHOULD BE UNDER SPECIAL MARRIAGE ACT.

AS FAR YOUR FURTHER OPINION, IN MUSLIMS, MARRAIGE SHOULD BE THROUGH NIKAH AND MUSLIM BOY CAN HAVE MORE THAN ONE WIFE/S IF HE PERFORM NIKAH (MUSLIM MARRIAGE) WITH MUSLIM GIRL AND IN SUCH MUSLIM MARRAIGES A MUSLIM BOY CAN HAVE MORE THAN ONE WIFE/S. SO PLEASE CHECK IF ITS RIGHT ADVISE.

I FELL ITS FRAUD/CHEET UNDER SECTION 376 AND 496. PLEASE CHECK AS MY KNOWLEDGE SAYS.

S.JEEVAGAN, Madurai. (Advocate, High court ) 29 July 2015

Mam,

I understand your plight. Don't worry. You are not left without remedies. There are ample remedies available to you as per our Indian laws. You being a woman protected by so many matrimonial laws in India,need not spend so much money for getting legal remedies in matrimonial disputes. You just lodge a complaint in local police station against your husband and approach free legal aid cell functioning in the nearest court campus. Rest of the things will be taken care of by the concerned persons. This advice is enough for you for the time being. If you have got further doubts or want to have a detailed legal advice, feel free to speak to me on phone after fixing an appointment by e.mail. ALL THE BEST FOR YOUR LEGAL BATTLE. MAY ALMIGHTY GOD BLESS YOU.

My e.mail id is : jeevaganadvocate@gmail.com My cell No. is : +91 9842197855,9842197857.

KINDLY MAIL ME AND GET APPOINTMENT BEFORE SPEAKING TO ME ON PHONE FOR OBTAINING LEGAL SERVICE.

Ashrita Shri 29 July 2015

Dear ex judge sir... kindy advise me with my query n with points raised by" member account deleted "sir. Also plz advise sir sarvana sir with the points raised on yr reply so that get me clear picture of my query. thnks