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ketan (SE)     23 October 2012

Should our marriage is legal ?

Hello,

 

We just merried on last 6 May 2012. We done merriage according to our indian merriage with all relatives.

Now my wife went to home on 13 July 2012. Showing me I am too much wrong person and also admitted hospitel and taken some sleeping pills. she had written this into note to her father. She also written that she is not ready to live with me other wise she can do anything. she want to leave alone.

Now her parents is ready to send her but not she is ready and even her father also no ready they never call us. we call them many time as well as done meeting.

But now I want divorce because may be she commited sucide at my home. What is possiblity for me ??  Our merriage is not registerd. Should registration is compolsury for any legel action ?  we din't take any dowery every one know this but if they want to fill this 498 case then it is possible without merriage registration ??

 

Please advice me.

 

 



Learning

 9 Replies

Tajobsindia (Senior Partner )     23 October 2012

1. Still not too late. First go to your Jurisdiction Police Station and file a GD entry and take stamped / signed receiving. The GD entry application should be half page stating factually that on such and such date we got married and wife without consent left matrimonial home to such and such address. Social talks have failed to bring back my wife to my society, kindly help us by sending us to mediation and or arrange mediation as we are STATE subjects!

2. Take true copy of that letter on some pretext from your lovely FIL and under exceptional facts situation as suicide threat is equal to mental cruelties one may approach advocate and under skilful petition writings one may file for divorce is one option.

3. Other option is to keenly watch developing story as you are here for sometime and must know the length and breadth of criminal / family laws by now not to be still naive about all these.  

Your marriage is Legal. Registration has been made compulsory since 2006 and by one year of once marriage post 2006 one is required to get Registered once marriage before concerend authorities and there is a option to get Registration done by small late fees payment and it is not that by not Registering a July 2012 marriage the facts as in your query makes it not legal for any legal purposes so do not assume some escape lilipop is there for you as per thread title of your post!

Shantilal Pandya ( Advocate)     23 October 2012

Marriage without registration is valid if it is performed as per rites appicable to the parties., if both of you are willing o get rid of eachother, you both should  bring about dissolution of  marrige throuh consent   which will be subject to condions governing your case.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 October 2012

Your marriage is perfectly legal. Non registration in no way affects the validity of the marriage, hence that is not an escape route. Read bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

1 Like

Goutam Prasad (Advocate)     23 October 2012

Till date, in India registration of marriage is not compulsory. Hence, your marraige is legal even if it is non-registered one. You will have to get divorce from appropriate court if you want to go for second marriage or otherwise want her not to be called as your wife.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist


(Guest)

You marriage is perfectly legal.

Non-registration of the marriage does not affect the validity thereof. 498A is possible without registration.

 

 

 

Ashish Davessar

 

Advocate

Supreme Court of India

Punjab and Haryana High Court

1 Like

MohammedRaffiq Bijapur (Advocate)     24 October 2012

Sorry state of affairs divorce within six months of marrige. Call for counselling from elders of both side. Hope for better.

ketan (SE)     25 October 2012

Hello, Thanks all for your reply. One more query for all. Rite now my wife at her home from 6 July 2012. She had written that if she go with me then she will do sucide please dont force me to stay with me.

 

We are afraid of this statement and that's why we are not taking her at our home.  They also not making any contact for this. What possiblity for me in this sitution.

 

And one more thing we did not taken any gift or single ruppes for this merriage. All gifts that are given by her relatives still on her home. we didn't take a single item from there. Still if they fill 498 case Should it applicable what I can do in this case ?

 

Please advice me.

Praveen Kumar (Intern Lawyer)     25 October 2012

You need to file RCR (Restitution of Conjugar Right) against your wife and try to reconsile your dispute in Mediation. You can not go for Divorce until the elapse of one year from the date of marriage.

So don't wait just go and file a case of RCR against your wife. There is a chance for reconsilation.

Shantilal Pandya ( Advocate)     26 October 2012

RCR implies that you have condoned her acts of cruelty  etc and you may lose your grounds of divorce if any RCR  may be in aid of divorce,looking to her threats it is futile to file RCR when there is blunt denial  for resumption of cohabitation , remember  one can take the  horse to the pond but  one cannot make him drink! 


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