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rohan gupta (SOFTWARE ENGINEER)     10 June 2013

Urgent help

Hi, I am rohan gupta from jharkhand.Actually the problem is that ,i married a girl in a temple 1.5 years back.Thereafter we did the notary of that but couldn't get the registry for this.We did this so that no one could separate us.Meanwhile we were not living together but used to meet every month.

Now her family forced her to marry a another guy  in church ,as she is a christian.But now she explained me the above things ,her marriage was a forcefull implementation ,so she wants to come to me .

Is there anyway so that she can live with me ,please help ,its urgent .

 



Learning

 6 Replies

Hemang (Advocate)     10 June 2013

Anyway, since the marriage is already solaminized between you, you may not worry. Now the best course left open is to get the marriage registered under the Special Marriage Act. You should have "audocity" to ask your wife to stay with you hereafter, irrespective of what your in-laws say. Explain the situation to your in-law about the marriage solaminized. 

rohan gupta (SOFTWARE ENGINEER)     10 June 2013

A warm thanks for the reply sir,but I am bit scared with the situation.The thing is that we did the marriage in a temple where i dont have any certificate but i have the Notary from the court only which we got in pune court.Now what case from the guy's side (to whom she got forcely married ) put on me if she comes back to me.

I came to know about the Annulment act. Will it be a good step or should i show that we have got already married.

 Kindly help sir!

 ASAP 

  

Hemang (Advocate)     10 June 2013

I am observing all such issues with younger generations. They fall in love out of physical attraction and what is called romance. They hardly come out with a matured decision in relation to their proposed matrimonial life and ultimate "responsibility" to run and maintain each other. Now, in your case, you both have really concealed the marriage that took place in a temple. It appears that nobody from either family is taken into confidence before proceedings to commit such a step. As a major, you have a right to take decision, but decision should be appropriate. Here it is a clear case of "falling back". You have married and now you have found out something about annulment. If you really would like to continue with the marriage life and ready to discharge the duty towards the matrimonial life, you should make a very firm decision. Irrespective of any threat. But at the same time, there shall be full support from the girl, who should genuinely divulge the fact to the parents whenever the occassion surfaces. The better course is to have the real social recognization. You may apply for registration of marriage. And enjoy the life. If you both have no courage to face the family members and the society, take a joint decision and come to a specific conclusion. Get the writting prepared on 500.00 rupees stamp paper in relation to "Divorce". Also, make out the provisions for "rights and obligations". And legally speaking, while you are giving divorce, and or seeking annulment, you are expected to pay the "permanent alimony and or maintenance to her", so that she can maiantain herself. And, if she is willing to give up the claim for maintenance from you, make a clear understanding in this behalf. (Such practice is prevailing, where the wife gives up the claim for maintenance, but despite such writting, the courts have said that such a consent is opposed to public law and it is contrary to public policy)

 

But, legally speaking, a decree for divoce with consent is "absolutely necessary" to avoid complications in future.  You may approach the lawyer and explaint the situation. A consent petition would be drawn and filed. (However, again there will be a waiting period for six months, because the divorce with mutual consent cannot be considered till the statutory period is over); Here also, you need to take care of the "addresses of the parties". You both are required to furnish the address. The court notices and summons would go on such addresses. If you given the right address, the notice will go to that address.   

rohan gupta (SOFTWARE ENGINEER)     10 June 2013

Sir i think you got it wrong.I don't want annulment from her.Me n the girl want to be together.Now her family members force to marry other guy.she wants to come to me,but we are fearing if can prove that we both are married or she should give annulment to her that new guy.plz help

rohan gupta (SOFTWARE ENGINEER)     10 June 2013

We cannot live without each other,plz give some suggestions so that we could together happily

kamal (Advocate)     18 April 2014

u both voist Arya Samaj Mandir and get registered with proff to record


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