Legal Question in Family Law in United States Virgin Islands
obtaining my signature by force .
i got my marriage registered by a marriage registrar and have the marriage certificate.we secretly married each other. we were not living together.we wanted our parents to unite us by a social marriage.when the girl's father came to know about our registered marriage he obtained my signature as well as her signature by tremendous force where he drafted a joint solemna and made her the plaintiff and me the defendend and it was written that they both are mutually settling and in terms of settlement it stated that i agree that no marriage took place and i had obtained the girl's signature by force and coercion and hence the marriage certificate which i have is void .
they want to make this marriage certificate a void document and since the girl is in their captivity they can force the girl to speak against me.kindly advice me that is it possible for tham to make our marriage void and the marriage certificate inoperative and what powers i have to get my wife from her father's house? will my position weaken if the girl under ''undue influence'' acts according to the whims of her father
3 Answers from Attorneys
Re: obtaining my signature by force .
Your marriage ceritficate is valid unless until cancelled by competant court of law.You can approch High court and file writ of Heabers corpus
to produce your wife immediatly.(Provided your wife should be of 18 years and with sound mind to tell the truth that she married to you )
best of luck
Re: obtaining my signature by force .
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.
Re: obtaining my signature by force .
Once you are married legally, which is evidenced by the marriage certificate obtained by you, you can not, even by an agreement, cancel the same, since it can only be cancelled by a competent court of law.
To cancel this certificate, both you and your wife, will have to file an application for divorce, and no one else, not even the girls family can do this.
If the girl is willing to live with you, you can file a writ of habeas corpus in the high court for direction upon the state authorities to produce the girl.
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