Anonymous
Asked February 01, 2017

Wife refutes marriage

  • 3 Answers
  • 1018 Views

Good Evening Sir. I am Nithin, A case Is filed on me as a kidnapping of a girl with my friends. Actually the Girl was in love with me. I got Married with Her. When I taken away her and We Both are majors. She is 22 and I m 22. After the marriage she was with me more than a week and all of a sudden she Left me without informing me any thing. We were out of my city I got tension and I went to a local police station to raise a complaint that my wife is missing and I was Shocked that she was in the same station claimed a complaint on me that I got married as a kidnap. Finally they surrender me to the police where the complaint had registered by her parents. We brought back to my home town and they kept me and my friends in a illegal Custody and raised a complaint that me and my family had said if she is not going to Marry me We will kill their family and some thing they mentioned in the complaint. And surrender to the Court. Now I am on Bail and the complaint is raised on 7 of my friends who were in my marriage as a kidnappers. I have a call recording that which she said that We both get married. I have marriage pictures,videos and messages. We came out on the same day when we are surrender to the Court on 31-12-2015 and its already 1year 1 month passed but there is no any action on us we don't know what to do there is no hearing. So what we wan do now SiR please Help Me... Please and Now With out Any Divorce She Got married with some other Person.past 4 months ago. That is on 13-August-2016. How thay can do this to Me and my friends. They are struggling were lot sir I wan get away from this case.

Answers 3

Brother after reading the entire facts of your case, it is not possible to explain herein all detials, for that purpose i need to go through the file of your case deeply with each and every doc. So consult a lawyer.

Agree Comment 0 Agrees over 3 years ago
  • Default avatar
    Anonymous

    I have a lawyer but he is not saying anything so I consulted here to take further step.

    Agree 0 Agrees over 3 years ago


sir,

she is your legally wedded wife. you would have taken a counter legal action at that material time. i think due do pressure of her parents she backed out from your relation ship.

you are still her legal husband. you may file a petition for Restitution of Conjugal rights against her if you have all the marriage proofs as you said.

for further enquiry you may consult me or any lawyer

 

Agree Comment 0 Agrees over 3 years ago
  • Default avatar
    Anonymous
    SiR How can I Consulte you Can I know your Number SiR...
    Agree 0 Agrees over 3 years ago


Since you have strong evidence to prove that the marriage was out of free consent you need not worry about the complaint. You may file a Quashing Petition under S. 482 of Code of Criminal Procedure, 1973[1] before the High Court, for the quashing of the FIR, on the ground that the act of kidnapping alleged in the complaint is false and no offence has been committed.

Regarding her second marriage, since yours is a valid marriage she cannot legally marry again without a divorce in the first marriage. Therefore, her second marriage would not be considered valid in the court of law.

You can also approach the court for recognising your marriage and for directing your wife to come back and live with you as husband-and-wife. For this, you may file a case under S. 9 of the Hindu Marriage Act, 1955[2] for restitution of conjugal rights or marital rights. Since you have necessary proof to establish the validity of your marriage, the court may direct your wife to recognise her marriage with you and carry on her duties attributed with a married life.

If you wish you may instead seek divorce on the grounds of mental cruelty under S. 13 of the Hindu Marriage Act, 1955[3]. Some of the grounds for mental cruelty may be:

  • False case initiated against you and your friends by your own wife;
  • Desertion by your wife for the sake of another man;
  • Second marriage by your wife despite a legal and valid marriage with you.
  • As all these grounds can cause immense distress to an ordinary man, you may seek divorce on these grounds in addition to other reasonable grounds.

     

    [1] Available at: https://indiankanoon.org/doc/1679850/

    [2] Available at: https://indiankanoon.org/doc/322349/

    [3] Available at: https://indiankanoon.org/doc/1284729/

    Agree Comment 1 Agree over 3 years ago
    • Default avatar
      Anonymous

      Sir, thank you for the suggestion.

      Agree 0 Agrees over 3 years ago


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