Legal Question in Family Law in India
I got married to a lady in Gurudwara in March 2004 and she was earlier married in June 2003 , left her husband in August 2003 and divorced through a notary agreement on stamped paper.I hada clear decree from the MP High Court. A marriage certificate was procured on her pressure showing her unmarried which was signed by her sister, her mediator( match maker) and both of us. We never had good compatible relations and were in estranged relationship throughout and I am living separately for the last one year. Is her divorce in previous marriage clear? Is my marriage with her valid? They are forcing me to live with her and exert family and social pressures as they are rich and influential. What harm they can can do to me or any legal action against me for not co-habiting with her ? What legal remedies have I available with me ? How can i come out fo this relationship where i am stuck? Pl advice.
2 Answers from Attorneys
divorce through notary agreement is not valid and in case this is true, your marriage with her is void ab initio. in order to avoid harassment, you may file a declaratory suit in the civil court declaring your marriage with her as void. you may also file a complaint of bigamy against her.
Your marriage though is void ab initio your inlaws seem to be influential. So approach a local counsel and get a declaration from the court that your marriage is void and that you are not interested in continuing with the marriage.
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