Dear Sir I god my court marrige in ghaziabad court on 16 Nov 2016 From the day on marrige my wife is living with her parents in this period she met me once while we were talking over the phone only. As the parents was not aware about this now she has told her parents about it after this her parents trying to force her to remarry as they dont like me. Now being emotional my wife also has decided to leave me becouse of this decision I am completey mentaly disturb now what are the legal procedure can I got my back or they can file me case saying this that I had force the girl to marry I want to clear some things here that I have vedio of my marrige and pics also in those pics she is happy with me now how can she suddenly change her dicision what should I do
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File a criminal complaint against them before criminal court under section 97 of Cr.P.C. and pray to court to bring the girl in front of you before the court and the court shall record her statement and if she wish to live with you then court shall hand over the custody of girl to you otherwise as per her choice to live with her parents.
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1. Since you have already married your wife she can not remarry without divorce from you.
2. However to stop her illegal marriage without someone keeping your marriage with her secret you can file a suit for restitution of conjugal rights and then seek injunction agaisnt her remarriage.
3. The marriage certificate and photos are good proofs of your marriage.
1. if you are above the age of 18 & 21 respectively for girl and boy, you can file an application before the SDM/ADM under section 97 crpc for taking back custody of your wife.
2. if your wife is minor you cannot file such application because she is living in proper and legal custody.
Dear Concerned,
Without any further delay file a case of Restitution of Conjugal rights under Hindu Marriage Act, section 9, in the concerned Court. Also file a complaint in the nearest police station mentioning that your parents in law are not allowing your wife to come and stay with you. As you already have the pictures and I assume you have court marriage certificate also, you need not to worry of any false cases that can be filed against you.
For further query on the above, please feel to connect with us for a free consulting.
Best Of Luck.. Stay Blessed.
1. husband is the narutal guardian of wife, and if her father forcefully kept her under his custody you can file such application under sec 97 crpc.
2. this the most fastest procedure, you have to prove that she is your legally weeded wife, if marriage is void then you cannot get any relief.
1) you can file petition for RCR under section 9 of HMA before family court
2) in case any false petition for annulment is filed contest the proceedings
3) if you contest it would take atl;east 5 years for petition to be disposed of
4) rely upon video recordings and wedding pics in your possession to prove she marreied you of her own will
You can lodge a complaint with the police stating that her parents have forcefully and illegally confined your wife in their home and not allowing her to come out to join you back and are forcing her to marry some other person illegally despite knowing the fact the she is your legally wedded wife.
You can even move the district superintendent of police with an application to retrieve your wife from the clutches of her parents.
You can issue a legal notice to her parents to send her out to you failing which to face legal consequences.
You can send a summon through court in the restitution of conjugal rights case to be filed agaisnt her.
You can contact a local advocate and seekh is advise on all such further issues.
You cannot bring your wife back unless she herself wants to be back with you. If, however, she has been held in her parental home against her will then you may file a habeas corpus in the High Court to set her free.
