@ Dr. Kishore
As you love her deeply and decided to fight in order to getting your love back, don’t care for the afterward consequences (case of 498-A, DV Act, Maintenances etc.), as your love is worthy to fight and if you succeeded the fruit is sweetest one.
Now you have the following options:-
1. Immediately, file the petition u/s 9 of the HMA for “Restitution of Conjugal Rights” in the court. Your case is very strong on the point as you have Marriage Registration Certificate and evidences of the friend as witness of the marriage. (This remedy is helpful if she is under the influence or fear of her parents). Choose to serve the Summons to appear by “Dasti” order. She can't marry to anyone till the petition is pending.
2. File for the “ad-interims injunction” order on the prospective marriage of your wife. Court is surely going to pass such an order after seeing your Marriage certificate. Remember to blame on only her Parents (not her) for forcefully arranging her marriage while she is still legally married to you. Don’t forget to include her prospective husband as party.
3. Gives a written complaint in regard to SP/ ACP and SHO of your area, with prayer to intervene for justice.
4. If police don’t provide an effective help, send a written complaint to the NHRO/ SHRO in this regard, requesting them to interfere with the matter as the police is not providing any help due to won over by them.
5. Immediately send her prospective husband a “Legal Notice” for the effect that She is already legally wedded to you (attach a copy of your marriage certificate with it) and by doing marriage to her he is going to commit the offence of Bigamy (punishable upto 10 years), by registered post.
6. When she will appear before the court, request to send the matter to Mediation -cum- consolation Centre. During consolation she will talk to you freely & openly without the presence & fear/ pressure of her family. Try to rekindle your suppressed/forgotten love between the two. This is your last hope to win her back.
But remember that all of the above will works only if she is under pressure of her family, and still loves you at heart. But if you finds out that she really decided to move on leaving you behind, then court practically can't help you. Then it is better to resolve the dispute with minimum bitterness and say goodbye to each other with good memories of past in hearts rather than fighting like the dogs & spoils the precious years of your youth, in court. Court can compel her to join you but can't compel to discharge her duties as a wife towards you. Then she is required to file for the divorce afresh.
If deems extremely necessary give me a call @ 099910-98000 (only between 9:00 to 19:00 Hrs.).
