Legal Question in Family Law in India
I knew a girl for past 4 years thru her father. Its last one year back it happened that we came to become good friends and we use to chat a lot. she was 16 then and i was 48. Suddenly we discovered we had liking for each other and we fell in love. We both are muslim. We were so much in love that we decided to get married. Problem was her age and our age difference we knew no one will allow so we decided to get married and hide it till she grows 18. I contacted a lawyer in bandra court he agreed to get us married. He arranged for our nikah as per muslim ritual. He knew about age also we had given documents with real age. After that she was staying at her home and me at mine. We got married on 22 july 2017. After that we use to meet daily and it happened that she got pregnant. We both decided that we wont abort the child instead we will run away. And we did leave our town on 29th september. While leaving she and me we both left seperate note to her father telling him we r married and she is pregnant and we r leaving home to b with each other. After that her father filed complaint with police. And unfortunately we got caught on 3rd november. After taking us to police station police handed her to her parents and i was taken into custody and then i was sent to jail(magistrate custody). From where i got bail after two months. Its more then 3 months police have not yet filed chargesheet. When i was in police custody i had seen with investigating officer both the notes which she and me had left for her father. Police had also got the lawyer who had arranged for our wedding and had taken his statement also where he had agreed arranging our nikah. Unfortunately we had lost the nikah certificate which was given to us by the qazi. Now the situation is there is a case against me 363,366,376posco. After coming out of jail i discovered police had taken my mobile in which i had our chat history. So i contacted the officer to hand back my mobile and also i requested him to give me a copy of nikah certificate which he took from the lawyer. He straight away refused that there is no nikah certificate. He said the lawyer refused that he got us married. As i mentioned earlier the lawyer had accepted in my presence. I asked the lawyer for certificate he says he does not have it. Also police did not return my mobile nor they have shown that its in their custody. Also police returned to her father her hand written note which she had written while leaving home. Seems after sending me to jail police destroyed all the evidences which will proove we are married or which will proove that it was love from both sides. Now its difficult to proove marriage or the girl was in love with me and she eloped willingly. Also i have come to know that they have forcefully aborted the child. As i understand the dna will go against me. Also i have no access to my wife. I know nuthing about her. I came to know thru someone that she is firm about coming back to me. Her parents are putting lot more pressure on her to change. When i had gone to police station the officer threatened me forget about the girl and stay away from her also dont go in that area or i will put u back in jail. I m like lost. Not getting what to do. I love my wife and want her back with me but dont know what to do. Now my wife is 17 and me 49.
1 Answer from Attorneys
Only she can help you since you do not have any proof of marriage. Better you wait till she initiate some action in your favour, if she really loves you and want to spend her life with you.