Legal Question in Family Law in India

Marriage Validity ??????

My problem is that I have recently discovered that my marriage certificate is which me & my husband got 5 years back from Delhi court. My husband played a trick with me,he purposely did it. Our marriage application( intented marriage) is there in the court but no marriage certificate issued against that record. We got married in court as our parents were not agreed. He arranged for everything in Delhi as i was not residing over there. For few days we stayed in Delhi & then his parents took him back to his place & he got married there again. He kept on meeting off & on & always assured me that i am his leagle wife & as soon the things are ok at his place he will accept me openly.But recently i very strongly told him to accept me socialy otherwise i will take legal action . Then he disclosed me that i cant do anything against him as there is no certificate issued from the court & he is can not continue this relation. I have lost everything & dont know what can be done against it as he is got high political links.

Now please advise me what legal action can be taken in this situation. The only proof i got is our picture & letters , cards & application for marriage in the court. Can i prove myself as his wife ?


Asked on 12/26/01, 12:50 pm

4 Answers from Attorneys

Bimal Bhaskar Bimal.B.Bhaskar

Re: Marriage Validity ??????

Dear Madam,

You could from the facts narrated by you and the documents you claim to be in possession of, sue for damages/compensation for breach of contract to marry . You may also like to actually verify and confirm the exact/correct status of your marraige application.You say you got married in Court. Did you appear before the Registrar on a particular day and sign the marraige register.If so, the details could always be ferreted out/secured by taking a search for the relevant days. Even if you could/did not for any reason obtain the marraige certificate, it could now be applied for and obtained.All these options are open provided you did in fact appear before the Registrar on a particular fixed day and sign the marraige register. Please do try to recollect and let me have the complete set of facts including your correct age at the time of your marraige, your religious faith, copies of all documents/records in your possession, so that comprehensive advise could be conveyed. My junior associate in New Delhi could take up this assignment and we could take it from there.

Regards,

Bimal B.Bhaskar

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Answered on 12/26/01, 10:55 pm
Prabhat Shroff Shroff & Company

Re: Marriage Validity ??????

There are various anamolies in the facts stated by you. You say you were married in the court, if so, when and before which court were you married. If the notice of intended marriage was given, then you also must have appeared before the court to get married. If you did, then the certificate may become irrelevant, in so much as, if you did appear before the court, the certificate could be obtained even now.

You have "cards" in your possession ? What Cards ? Please specify.

You say your husband got married again ? How do you know ? Do you have anything to prove this ?

I am sure if what you have stated is true, then various courses are open to you - you may file for restitution of conjugal rights , or a petition for bigamy on the part of your husband.

However, unless full details, regarding ages, relegion, copise of all pepers with are, are made available, it is difficult to advise you properly.

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Answered on 12/27/01, 4:21 am
Satish Maheshwari Vakilbabu

Re: Marriage Validity ??????

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 12/26/01, 2:12 pm
Vishwa Arya Arya & Co.

Re: Marriage Validity ??????

The facts you have stated in your question are incomplete to give you an effective response/remedy. The letters have to be looked into to see if that can prove the relation. Your and his religion is also of importance. Was the application form actually submitted before the marriage officer at Tis Hazari (SDM). Was the application under the Hindu Marriage Act or The Special Marriage Act? If the application was submitted before the marriage officer then we can get a certified copy of the extract and go from there. All these documents have to be read collectively to enable one to form an opinion and help you out.

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Answered on 12/26/01, 2:23 pm


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