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unregistered hindu marriage with us citizen valid?


Does a unregistered marriage with us citizen hindu girl is valid as per Hindu Marriage Act?

Girl is Hindu and us citizen, Boy is a Hindu & Indian Citizen.Second marriage for both.
Simple Hindu Marriage performed with exchange of garlands & mangal sutra at home without registration.
3 days after marriage an engagement was done and the girl flied to usa.
Girl had applied for K-1 Engagement fiancee VISA for the boy where after the boy's arrival legal marriage was to happen in USA.
The girl had rejected the boy and havn't sent the papers for VISA.
Is this marriage valid as per Hindu marriage Act ? What is the maritial status of the boy ?
 
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propra

Describe all events in correct cronological order and dates.

 

What proofs are available to prove that tieing of mangal sutra ceremony and exchnage of garlands happenend between groom and bride?

 

 
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March 31st 2010 - Simple Hindu Marriage ceremony was performed without saptapadi as planned for the complete wedding & registration in USA.

April 3rd 2010 - Engagement.

May 2010 - K-1 Fiancee Visa filed by the Girl in USA.

June 2010 - till date  Girl had rejected the Boy and havn't sent the papers for the VISA stamping also not accepting the boy as husband.

As proof of the unregistered marriage the boy is having the photographs and witness for the ceremony.

The girl havn't declared her religious wedding in USA and maintaining the maritial status as single.

Boy also havn't declared his wedding officially except to the few relatives & friends who attended the ceremony.

 
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Proofs also include email & chat conversations addressing as husband and wife in April & May 2010 when both are in good faith.

 
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propra

April 3rd 2010 - Engagement.........................after marriage!!!....Please clarify

 

 

What do you mean by ...........................Simple Hindu Marriage ceremony ..............................Please describe in detail and also about proof available.

 

 

Did the girl carry away all your money, jwellary etc also?

 

 

Had you given to her the following K1 Visa App doc ?:

LETTER OF INTENT TO MARRY FROM YOU and with your SIGNATURE

 
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A marriage without any proof is always invalid

 
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We have to undergo the engagement ceremony after the simple Marriage as we dont have the Dated photographs of the engagement for the purpose of the VISA. So, we had an engagement after marriage on April 3rd and same day she left to USA.

Simple religious marriage ceremony performed includes the Kanya Daan, Mangala Sutra dharan, exchange of garlands. As a telugu brahmin wedding saptapadi is also necessary but it couldn't be performed as the legal wedding was planned in USA.

For this entire religious marriage we have photographs and the witnesses of the relatives & friends who attended the wedding.

The Girl was given the gold for the traditional Nalla pusalu & mangal sutra about 50,000 & also she was given 455 dollars for the VISA thru cheaque payment as she was adament for the money in order to file the K-1 Petition with USCIS.

Yes, I had given the letter of intent to marry her after going to USA with my signature.

What are the legal options available for me to annulate this marriage if it is valid.

This happened in Hyderabad where AP compulsory marriage registration act 2002 is in force.

 
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propra

I don't think any case is made out.............It's just my opinion........................Others may differ in opinion.....

 

 

Please contact a very very experienced lawyer to ascertain locus standi..............it's imperative..............don't do it on your own.

 

 

Also search for similar citations ...for judgements.....In Punjab and Haryana/Gujarat HC.

 

 

Remember............................ you gave the 'K-1' related doc:

Your quote: Yes, I had given the letter of intent to marry her after going to USA with my signature.

 

All the best!!


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Ya, i understand there is no case of marriage..But is it necessary due to the Hindu Marriage Act sec' unregistered marriage is valid though not registered.

For me to be on safe should i file the petition to annull the marriage (if it is Valid) as there are lot of points to get it annulled & good chances of getting ex parte rather keeping the things to die on there own.

 
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propra

To be more specific...if your wife had filed for k-3 visa for you (immigrant visa for spouse...not a fiancee) the it was a concrete matter...

 

 

But still there another way of thinking that........

 

 

It's the girl who....................... decided which type of visa to apply...you just gave her the docs wanted and you may not necessarily be conversant with the laws and regulations!!

 

 

Engagement wasn't done before marriage and direct marriage was performed....that's OK........and it was wife's idea probably to do engagement after name sake for a photograph........And more importantly it wasn't performed with anyother person but within the same couple....to get a visa early for the simple reason that K-3 visa takes years to obtain (even 5-7 years now a days) and k-1 Visa was more quicker as per the opinion of the girl/wife (always refer her as wife)

 

A married couple can get married again and again with each other...or get engaged again and again with each other....that's not breaking any law!!!

 

 

..In India there is a ritual in some part of India to re-perform marriage ceremony to the same couple!!!... and wish the couple long life ...........after 25/50 years of their marriage.....and also a suvarna-chandi..tula(weighing the couple with silver or gold and donating it)...it's a ritual....It dosn't say that

 

You weren't aware whether you both were to go back or not after marriage...it was decided after marriage!!!

 

 

You both did the ceremony with intension to marry....and it was not like a TV soap shooting/drama of marriage incident in the serial!!!!

 

 

There can be error in the rituals but it doesn't invalidate the ceremony...because the intension, was very much existant to get married, by the both adults parties,  and they both did so.....and registration isn't mandatory to selemnise a marriage.... attempts to deny occurance of marriage by...Negating a marriage on technicalities is struck OFF by Indian Courts many a number of time and too with very harsh comments against a party claiming absence of marriage...because it's just not a child's play and it a very serious activity by adults and not to be taken lightly ................

 

in rural india people get married in home....pandals put up in the open space in front of house...or in mohalla......

 

Registration's just a facility to put it on govt records formally.......

 

You said ::: kanya daan was done...and mangal sutra was tied in front of relatives...its a sufficient ritual for Hindu marriage....... 

 

 

You may have erred in asking for a wrong visa...you may be rejected in the K-1 application....but that doesn't mean that existance of your marriage is also de-recognised...

 

 

Only a competant Court, having proper jurisdiction, can bring you back to 'single' status.

 

 

Plead guilty in front of consular commision...for wrong visa application knowingly........ but bring these fact that marriage did exist and it's valued as sacrament in India.

 

 

Other party may or may not send you offer to file visa for K-3...but in any case the other party also can't apply for k-1 or k-3 visa unless this marriage is legally broken

 


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