Anonymous
Asked September 26, 2016

Legal action to recognise marriage

  • 2 Answers
  • 488 Views

Dear sir/madum. I am from karnataka MYSORE. Me and my girlfriend both are engaged in love since 6years. And we had a good matured love in the mentioned period. Even we got married before a year in the presence of a small temple that to knowing only to both of us. And few photos were taken at the marriage time but i have lost that with my file folder while travelling in some area. And had a physicall relation ship too since 4 years. Now i just having the photos which we both have taken in our mobile phones when we were meeting. And i have her hand written love letters, and alos i do have whatsapp chat history of one year. But now she is going to engage with another guy. So please i request the advocates to guide me. What exact i can do by leagal means. And how to file a suit agains her. And what are the proceduers.

Answers 2

 

From a legal perspective if your marriage was solemnized as per Hindu rites, rituals and customs in the temple then it is considered to be a valid marriage, even if such marriage is not registered.  This has been provided for in S. 8(5) of the Hindu Marriage Act, 1955[1]. However, in case of unregistered marriages it is essential to establish witnesses and evidence to substantiate such marriages. In your case, the pictures clicked at the marriage might have been considered as legal proof to recognise the marriage. Moreover, apart from photographs, witnesses are essential to substantiate the validity of marriage.

If it is possible for you to prove the marriage solemnized between you and your girlfriend was a valid marriage then you can probably prevent her from second marriage as that would amount to bigamy under both Hindu laws[2] and IPC[3]. However if you are not able to establish the marriage then you would not be able to prevent her from marrying the other guy. If the only evidence that you can gather are the general meeting pictures and the letters by your girlfriend then the maximum step you can take may be filing a civil suit for breach of promise to marry and a criminal suit for cheating S. 415 of IPC.

If you are not in position to prove that you and your girlfriend had married in a temple, but if you can prove that your girlfriend had exhibited explicit intention of marrying you and additionally if you had acted upon such intention or promise of your girlfriend which caused you monetary loss, only then would you be in a position to succeed in the civil suit for breach of promise. However, even in the presence of such promise to marry, a formal engagement between the couple plays a significant role in determination of such a case.

Moreover, for succeeding under S. 415 of IPC[4], you require to prove that you had actually spent money and time as a result of the fraudulent and deceitful actions of your girlfriend via her false claim of love. However, since it is a criminal case it becomes a serious affair and mere fraudulent promise of love is not sufficient grounds, you need to at least establish the there existed fraudulent promise of marriage as result of which you invested time and money which you would not have spent in the absence of such promise on the part of your girlfriend.

 

[1] Available at: https://indiankanoon.org/doc/774980/

[2] As provided under S. 17 of the Hindu Marriage Act, 1955; available at: https://indiankanoon.org/doc/1889483/

[3] As provided under S. 494 of the Indian Penal Code, 1860; available at: https://indiankanoon.org/doc/508426/

[4] Available at: https://indiankanoon.org/doc/1306824/

Agree Comment 0 Agrees about 4 years ago
  • Default avatar
    Anonymous
    Mam. We got married in a temple. And we took photos of our marriage also in a friend cell phone. But my friend has lost that phone before 6 month. Now what is the leagal aspect for proving that we have taken the photos but we have lost it. Can we lodge a complaint where we lost the cell phone. Stating that the marriage phots were there in the cell phone. And will the court accept the FIR or any acknowledgement of the lost phones as a evidance of marriage. Please reply
    Agree 0 Agrees about 4 years ago


Your friend who took the photos may act as a witness in the suit filed in court. The court would examine and scrutinise the witness and if satisfied with his authenticity then the court order may be in your favour. You may file a police complaint for the lost phone and if it is retrieved by you with the photos intact only then can it be used as evidence. An evidence which cannot be presented before the court can in no way be regarded as a valid evidence. Hence, mere police complaint would not be acknowledged as evidence in the court.

Agree Comment 0 Agrees about 4 years ago
  • Default avatar
    Anonymous
    Sir/madum. I am from karnataka MYSORE. Me and my girlfriend both are engaged in love since 6years. And we had a good matured love in the mentioned period. Even we got engaged in physical relationship since 4 years for lot many of times. in hotels and paid resorts i do have those bill document proofs for visiting.and i am having the self taken casual meeting photos and few PRIVATE PHOTOS of her which she have sent voluntarily and also private voice records from her voice in some exitmenta. And i have her hand written love letters which she promiced to get marry. and also i do have whatsapp chat history of one year. But now she is going to engage with another guy for parents force. I am not ready to lose her i cant forget those days we spent i need her to my life. Its mentaly harrasing me im getting so weak thinking about her.Its 3months without talking to her. please i request the advocates to guide me. What exact i can do by leagal means. And how to get marry her aginst her parents.
    Agree 1 Agree about 4 years ago


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