Mhaske Jyotsna (Finance Professional) 25 August 2018

promised for marriage but didn't get married

Xyz married to ABC in year 2000 have 2 kids. Present status both are still married but not staying together from year 2006

Xyz approached me for marriage in the year 2005 saying he is not happy in his married life and will be soon divorcing ABC. I said yes for the marriage proposal.when my parents came to know about this they were not ready for the marriage. So I ran from house and starting living with xyz. ABC came to know about this and she filed 498 a case on xyz and his family and me too year 2006. Because with the relation with xyz I gave birth to a child in year 2008 without marriage. In same year we were not found guilty in the court of law in the case 498a. I started living with xyz in his house with my child without marriage and ABC was staying with her parents from year 2006 till present. Xyz starred domestic violence from year 2008 so in 2014 I decided to leave him and came back to my parents house with my child and now we are not in any kind of relationship.

My question
1)will this effect my candidature for UPSC
2)What will be my martial status?
3)How can I end this relationship legally?
4)do I need to take divorce but lawfully we were never married
5) he made all my documents on his name by submitting false wedding card to gazette office where in my name got change. My aadhar card Pan card and voter ID is by his name
6)recently I made a gazette of my original name.
7)can I give my name to my child. Now he is 10 years old.?

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10 Replies

Dr J C Vashista (Advocate) 25 August 2018

Q 1 Yes

Q 2 to 4 Unmarried, no need for applying for divorce, just walk out of relations in the same manner as you had walked in.

Q 5-6 No comments in the absence of documents

Q 7 Yes

Pure hypothetical and unbelievable statement.

However, if there is some truth in the story consult a local prudent lawyer with all documents.

Mhaske Jyotsna (Finance Professional) 25 August 2018

Sir I didn't understand the answer for the documents part

K Chakraborty 25 August 2018

1. NO

2. it was not at all marriage as per law.

3. it was type of live-in.... so, you may go just stay away.... and for the same no divorce decree is required

4. I gave your ans in point number 3

6 & 7... you should re apply for the corrections along with your adhering documents in your adhar and other identity card.... yes you can give your title to your child...

7. in this case you may filed a first class affidavit with your new corrected I'd and provide the sufficient prove to the magistrate to get a first class affidavit. ...

however, the entire process are so complicated

Mhaske Jyotsna (Finance Professional) 25 August 2018

Sir what is first class affivdavit

K Chakraborty 25 August 2018

Asked your local advocate.... this is the process where you can declare the title of your child officially before the state.... and a first class magistrate has every power to accept it... and this docs may be acceptable for your any further need in relation with your child name....

Aks 26 August 2018

First of all, learn a few basic facts of law: (1) Just living with somebody and being physically intimate DOES NOT mean it is Marriage. At best, it can be called COHABITATION. (2) Having a child with someone also DOESNOT constitute that it was marriage.

A marriage is leagl only if it was solemnised as customs and traditions acceptable to the society or it was legally registered as per prevailing laws.

As for yuor UPSC , it should not have any effect what you do in your personal life. Its not UPSC's business.

Your status with XYZ can not be called MARRIED. Because the relationship IS NOT legal, there is no question of breaking it legally. It was an emotional relationship, so you need to break up it emotionally ( No need to break up legally)

As for AAdhar card etc. in his name (fake name), he broke the law and you are not responsible unless you were an accomplish in this unlawful making of documents.

Of Course, you can give your child your name, you are the mother...you are the most important relationship of your child.

Mhaske Jyotsna (Finance Professional) 28 August 2018

so now for the documents can I change it again to my name..... do I need to make any declaration any document pertaining to his name should be null and void

Aks 30 August 2018

Absolutely ! You should change the names etc in documents and reclaim your original identity. This bad experience should be a great learning experience in your life. Now you know, there are people who can not be trusted . You also know that making decisions impulsively and emotionally can cause hurt and pain. In future, you will choose man carefully and with maturity and wisdom. You deserve a real man who keeps his word, respect women as equal and is responsible. Choose carefully. Good Luck.