Please help crpc 125 unregistered marriage

Registration of marriage is not Sine Qua Non for the purpose of Maintenance u/s 125 Cr.P.C

You may deny the marriage, but it will be a biggest mistake on your part and the consequences will damaging for you.

If she is earning then this fact is not an excuse for a husband to deny the maintenance.

Better talk to the other party and have assitance of some local lawyer.  Dont venture into creating own Law and Legal Interpretations.  Act as per professional advice only.

An amicable resolution will be a better option.

Hi Kiran Kumar as you mentioned that if i deny the marriage then its a biggest mistake and i face consequence.What kind of consequence i have to face if i have a PR in Australia ?

Is it not possible that i can claim the marriage was by force this is the reason i did not register ?

www.pravasitoday.com/legal-and-other-loopholes-precautions-and-remedies

    Please read above article which clearly says that 498a and 125 cannot be adjudicated in Indian court without marriage registration.

The preferred legal remedies of disputes in marriages are Section 498A of the Indian Penal Code (IPC) for cruelty against the bride, Section 125 of the Criminal Procedure Code (CPC) for maintenance of wife and divorce.

But without registration of marriages in India, these disputes cannot be adjudicated in Indian Court.    

Supreme Court : Offence of dowry and cruelty sustainable even when no legal marriage

www.legalperspectives.blogspot.com/2009/12/offence-of-dowry-and-curety-sustainable.html

After reading above it looks like India law is really screwed up and anyone can file 498a and SC has given full rights for women to miuse the law.

@Querist,

I differ to the opinion expressed above on the  point of denial of marriage.In light of your given facts,following should be noted-

1.You can't deny that marriage as now even if the marriage lacked 'Free Consent' Since the time to challenge the validity/annulment of such marriage is restricted to One Year from the date of commencement of marriage.

2.Once you enter into contract of marriage, you are liable to give maintenance to your wife.It is immaterial if she earns or not. What matters is the extent of maintenance which depends upon the living standard of the parties in such marriage contract.

@Jatin,

You have probably misunderstood the motive behind giving such decision given by 'The Supreme Court'. Infact the perpetrator was trying to take advantage of loop holes in marriage act. He committed the offence of bigamy and demanding dowry/committing the offence of cruelty towards her second wife and was trying to escape by giving the argument that the provision of section 498-A cannot be drawn as his marriage was not valid according to Hindu Marriage Act and therefore she cannot be called legally-wedded wife of him.

Hope that clarify your doubt.

We must keep open our eyes and ears open to see/listen to the truth and apply our mind in deciding what is correct in certain situation rather giving biased opinion be it the case husband against wife or vice-versa.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Mr. Sumitra Kumar as you have mentioned "Once you enter into a marriage contract"

Could you please let me know where ist it mentioned that Hindu ceremonial marriage is a contract.A contract needs to be signed and registered which is registration of marriage and without this how can it be said to be a contract only undergoing ceremony.

@Querist,

Who said you that only signed and registered agreements are contract? I strongly advise you to read about contract from your text-book.

For your information, I merely define contract. Read text book for Other explanation.

"Agreement-Every promises and set of promises forming the consideration for each other is said to be an agreement."

"Contract-An agreement enforceable by law is a contract."

Now, since a marriage ceremony is regarded as a sacred agreement between the two concerned parties ie. The Husband and the wife. The breach of which give rise to legal consequence, thus can be said enforceable by law.Therefore,It's a contract by definition in eyes of law and a sacred contract by definition in eyes of society.

I know your kind of argumentative person needs some proof. Well, I am attaching a document herewith which is a report introduced by law commission of India.Find more than 10 times the word 'Contracting parties' than you expect.

@All the readers of my post including the querist

A querist has no right to question the advice given to him but only to question other aspects pertaining to his already asked query and next time such advancement or step would be considered insult adding to the adviser. No further reply he will deserve from my side. If the querist thinks,he knows everything, he should stay away from posting a query. A Querist has only two option (1)To Follow the advice (2)Not to follow the advice

The discussion should only be among other advisers and does not include the querist strictly.

You all are free to avoid my words.But I will adhere to this rule.You are free to ignore all my post even.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

I deffer to what our dear member Sumitra Kumar has mentioned here that

****The time to challenge the validity/annulment of such marriage is restricted to One Year from date of commencement of marriage****

What i understand from the Querist is he is not living together in a marital relationship.The One Year period is in case of fraud and from the date when the fraud is noticed.

Also its very true that non-registration of marriage is not compulsory but please notice that SC already made registration compulsory and you have a valid reason to say why you did not register the marriage.You have all rights to challenge it in court and the law cannot force you to live in a relationship.

With maintenance point it comes at later stage only when your marriage has been proved and this itself is a long process.Yes seven phere and Hindu marriage is finished but to prove it in court it will take few years when its been challenged without marriage cetificate.

@Dear Member Nitin,

Querist version  

Married as per Hindu ceremony and marriage till date not registered and also not consumated as we both were forced into this marriage by family and relatives.

Its been 3yrs and we live separate and now she plans to file IPC 125.On what basis i should give her maintenance as we don't live together and she is also earning.

Can i now deny the marriage in court saying that it was by force and we never lived together as husband and wife so there is no marital relationship.I think Hindu marriage is not a contract.

My Explanation which goes along your concerned points-

1.Now,I am unable to understand on which ground you say the querist is not in marital realtationship!? So do you mean they are live-in relationship?

2.you said "The One Year period is in case of fraud and from the date when the fraud is noticed"..

My reply - Anyway, where the querist has mentioned he has been subjected to fraud???He has mentioned only the word 'Force'.Also from the situation he cited here,it's clear that he was well-aware of such marriage but just wants to avoid it on the ground of coercion or force. So It's evident now he has spent 3 years since he was subjected to such force(As per suggested by the querist to introduce such ground for the annulment of such marriage).Do you still hold your idea sir.

3. you said "please notice that SC already made registration compulsory and you have a valid reason to say why you did not register the marriage."

My reply- What an idea!!!Well go on if you think so.I am nobody to stop you holding such idea.Neither the querist is being asked why he didn't register that marriage.It seems this question comes out of a thin air.

4. you said "You have all rights to challenge it in court and the law cannot force you to live in a relationship."

My reply - Where the querist has written he wants to live in the relationship???What I get from his cited facts that he doesn't want to given maintenance to his wife under section 125 of CRPC .

5.you said "With maintenance point it comes at later stage only when your marriage has been proved and this itself is a long process.Yes seven phere and Hindu marriage is finished but to prove it in court it will take few years when its been challenged without marriage cetificate."

My reply - Do you think if a case is drawn for several years if will give either party any relief!!!

Hope that's sufficient explanation to your raised concern.

Thanks,

Regards,

Disagree at dear Sumitra kumar,

If querist find something not very clear, he can question, answering to him is your choice but then caveat is not correct. moreover his question is not such arrogant  nor sarcastic.

Dear friend keep the things simple...engage a local lawyer and have faith in his services.

Mere reading of certain articles and news items would not ensure vicotry in your case.

Thank you for all your replies.

My points are as follows

1. How can only undergoing a ceremony constitute marital relationship which is not recognised outside the religion and society.This is same like doing bhoomi poojan and rituals a father cannot transfer land to his siblings but it needs proper registration even it may be recognised by society.A ceremony can be termed as wedding but here we are not living in a relationship as we live separate and non consumation itself is the proof we never started a marital relationship.Hindu marriage itself says that consumation is important and without it the marriage is not complete,so how an incomplete marriage is termed a relationship ?

Also in Christian and Muslim marriage the consent of the couples is asked in front of everyone whereas in Hindu marriage there is nothing like that and its only rituals which one does not understand.

2. Now on what basis she can ask for maintenance as we don't have any kids and she is also working and we also not living in a relationship.Does it mean that a woman only need to undergo a marriage ceremony to claim maintenance ?

3. About denying and annulment of marriage as its clear that i am not living in a marital relationship then why should i go and file a annulment unless she files a case against me and then i can fight against.If i go and file annulment then i am myself claiming that there was a marriage and i want to annul it ?

As adviced here by Lawyer Kiran Kumar to engage a lawyer i will definitely do that but i would like to know some law points so before i engage a lawyer i also know the points on which i have to fight and not just blindly trust the Lawyer and this is the reason i am asking my queries in the forum.

Your case is easy to win if you engage a smart Lawyer.

As you can see with the Delhi Incident even after having all proofs still the lawyers are claiming innocense with different law points.So compared to this case yours is a simple case to win.

As mentioned by you with non-registration,non-consummation,no kids and not living together itself are enough points for a smart lawyer to fight this case.

The advice given by some of the members are really absurd as they are saying you committed a murder and now you cannot escape so pay whatever extortion money.

Agreed at Kiran and Jatin,

Hire an intelligent lawyer, he will show a hole size of palace, you can get out, what only matters is time. But be truthful if you had accepted the marriage( leaving to your conscience)