Legal Question in Family Law in India

I love a handicapped girl. I am from Gujarat. She is from Haryana. She has government job in Chandigarh.

We came in contact by internet on june 2012. She got job in july 2013. She promised me to marry if I settle in Chandigarh. On November 16, 2014 I wore her Mangalsutra and finger-ring. She is unable to take Saptpadi as she can not walk. We did marriage secretly only witnessing the God. I settled in Chandigarh from 10 march 2015. I lived in rented room. She also lived in rented room. Her parents live in village in Haryana near delhi. So when her father be in Chandigarh I live in my room and when her father goes to village we live together and thus continued for one month. In may2015 she got government quarter and she shifted in that house. Now also we live together when her father goes to village and if her father comes to Chandigarh I live in my rented room. In may 2015, we created 4 affidavit and 1 contract as below: all affidavit and contract are signed before notary.

1. Affidavit-1: she signed the affidavit written that she married me on 16 nov 2015 in Gujarat by her will.

2. Affidavit-2 I signed the affidavit written that I married her by my will on 16 nov 2015 in Gujarat.

3. Affidavit-3 We both signed affidavit written that we married each other on 16 nov 2015 in Gujarat and live together since marriage.

4. Affidavit-4 she signed affidavit of freewill wriiten that I married by my will. I live with this boy by my will. He has not forced me for marriage or to live together.

5. Contract: we both signed. Content of contract:

We both live together. I accepted her even if she is handicap and I left my state etc and settled in Chandigarh only for her so she will not leave me in any situation like husband�s illness or mental illness or any other situations. I confirm that I will not leave her in any situation even she can not birth child or any illness or mental illness.

She has contract job at that time. She said me that she would tell her father after her job became permanent on February 2016. I waited till February end. But now she moved from her promise. From march 2015 to February 2016 we live together in one house when her father is in village I mean 20 days we together and 10 days separate in each month. I paid more than half house expenses like food, clothes and medicine etc family expenses.

I have following proofs:

1. Call recordings of marriage, she asked me to bring things, vegetables etc daily as wife ask husband. Personal chat of suhag rat and her promise she will not leave me or will not betray me.

2. All affidavit and contract

3. Our joint photograph in which she has mangalsutra in neck

4. 5 joint photograph

5. Her birthday celebration photograph in which I, she and her one female friend

6. 1 photograph in which i, she and her one female friend.

Will my marriage is valid or in valid ? Will my affidavit and contract valid?

Can I have any right like husband on her? Can she break relation with me just girl break relation with her boy friend and marry any other person or she must take divorce or approach court to break relation with me ? She has govt job. She has 25000 salary per month. I stuck by her betray. I left my business and family and state. My family cut relation with me. She cut relation with me. What can I do now?


Asked on 3/02/16, 11:58 pm

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Marriage is not valid but living together may put the presumption of marriage in your favour.

Read more
Answered on 3/03/16, 11:25 am


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