Legal Question in Family Law in India
Sir,
On 11th of January 2012 i got married in Gayatri Mandir at Indore by submitting notarized stamp papers. Since from one and half year we were staying together in Indore in living relation, girl wasn�t agreeing for marriage as she told me that we will get married after convincing her parents and i was happy with whatever decision she was taking. I almost separated myself from my friends even my parents for the girl and invested lot of money on her for her education and other requirements and things were going very stable as my parents were having no objection for this marriage. On 10th of January her father told her that her mom is serious and might have chances to live so come as soon as possible, she started crying but after an hour when we were getting ready to move to her hometown, her mother herself called her to tell her the actual situation that your father is very angry at you, he got to know that you are married, so he is calling you back. After all this communication girl instantly told me that lets go and get married or else my parents will divide us, so we got to the court and Gayatri Mandir later on. Then i sent her to her home town there she tried to convince her parents regarding our marriage but her father scolded her very hard and threatened her that we will kill you both, so in this fear very next day she ran from her house to me and along with that her parents also came to Dewas in search of her. They didn�t met me and told that its okay we got agreed for this marriage you just sent the girl back for two or three days because as she ran from house everyone is gossiping and if they will see her they will stop. I was in fear that they were not going to send her back but they girl was crying so intensely that i had to let her go. Finally when she got back to her house her father told me that do whatever you want we are not going to send the girl back. So after 10 days I called her to SDM office, there she stated that in influence of attraction she got me married illiterately and now I want to marry where my parents desire.
I have declared all in my family circle that I am married and also in the society where I am residing with my family.
Now I am knocking the doors of court for justice.
I am going to file a petition under IPC Sec 9. But still I don�t know that what the verdict of court would be if she now by herself don�t want to come back as there is no fault from my side.
Is it possible that court will order that girl to go back to your husband even if she is not willing now? Or still court will give decision in favor of girl, and if it will be so what hell should i do with my life. Is there no provision in court for having sympathy with the husband?
I have some queries as some lawyer says your marriage is not legal and some says it�s perfectly legal.
-I have copies of two affidavits on boths respective note which was submitted to Gayatri mandir Indore and certificate from the temple.
- I want to bring her back if possible.
- And effect of the statement that she gave to SDM court that she married to me illetrately and now she wants to marry where her parents desire.
- I also talked to her brother regarding divorce but he replied, what divorce when there is no marriage at all.
As my wife left me coz of her parents disagreed for marriage and now may girl herself don't wants to come back to me but i am sure that if she comes to me only for a day or two i will make her not to go back and even after this if she wants to have divorce then i will give her the same. But the thing i want to know is, do the court have some provision that it orders wife to stay with husband for some duration or not. Sir, i lost my fame in society and family circle, i lost my job as girls parents came to my office with police, i spent all my savings for her education and other requirement, ultimately in race of life i am again standing on the point where i started my career even i sold my house too for her education being my wife So what will be the compensation for me legally or what else i can do to satisfy all the questions mugging up in my mind. it had been very easy for girl that mistakenly she married me but tell me how far it is easy that mistakenly someone spoils someone's life. There should be proper and accurate justice in eye of law.
1 Answer from Attorneys
It is like a story in films. You say you spent money for her education. You have not mentioned how many years she studied and till she completed her studies where she was staying. So many questions are to be answered by you for giving legal opinion.