Legal Question in Criminal Law in India

affidivate
Dear Sir /madam,

i had a boy friend in year 1995 and listening to few friends we made a marriage affidivate and using the affidivate marriage paper which was not registered anywhere ...by giving copy of the affidvate i got my passport done and added his name on spouse column thinking we will get married, but we never got married after that , it is now more than 13 yrs i dont nknw anything bout him, can't take his name out of passport as they need either marriage certificate or death certificate both was not possible so i just left the name as it is in pp,
now i got married last year when i got know it is not a valid document at all ,my husband knws about the name in passport and he was ok with it now he threatens me if i go n complain to police about him torturing me for money, and many things more he say'' i will tell them u were married before and cheated me and will tell to c u r passport and you will be behind bars '' please tell me what shud i do. honestly swear on god i have not cheated him,
please advice what will be the punishment for adding his name in passport thinking i wud get married . is the affidvate a valid document , shud i get scared of my husband threat and keep quiet or file a case as he ran away living me

Asked on 6/21/09, 2:21 am

5 Answers from Attorneys

KAMAL GROVER

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Re: affidivate

You dont worry. We have a solution to remove your name and thereafter you will be able to rectify your husbands mind also.

Regards

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Advocate, Punjab and Haryana High Court, Chandigarh

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Good Luck.

Answered on 6/22/09, 5:20 am

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Pranav Desai PD Legal & Associates

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Re: affidivate

Prima Facie it appears that there should not be any issue for which you need to be scared off. You should consult a local lawyer with all the information who would try to bail you out of the threat of your husband.

Answered on 6/22/09, 6:05 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: affidivate

Quite complicated facts based on your perception.

Appropriate to consult your lawyer with all facts as well as relevant documents.

Answered on 6/21/09, 3:47 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: affidivate

(a) You cannot be 'behind the bars' because of the said lapse on your part.

(b) you may make a write up based upon truth and inform the local police about behaviour of your husband, file an FIR u/s 498-A IPC, and also about the previous friend whose name is there on passport.

(c) You may file a civil suit in the local court that you remains unmarried, and that the intended marriage with that boy did not materialize for unavoidable reasons.

(d) you need to fear of any kind of threats etc from your husband; may pursue your remedy without any confusion based upon truth.

Answered on 6/21/09, 3:48 am

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