• Love marriage case urgent

Hello everyone i had discussed this case before bt i need again some consultancy.
i married my gf 2 months before by arranging ceremony at friends home in front of 20 persons including her sister 20 yrs old after marriage she went home ...we signed affidavits and we did videography of everything my all relatives know about this... 
but when she disclosed about marriage her parents took her out of city and than she said me to wait.
And now she is refusing to come what should i do now?i want that if she wants to go away than she must file divorce.
How can i go legal for this please tell me a way now..
can i file any charges of fraud?how strong is my case?
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1. It is not clear whether you performed the necessary hindu ceremony for a valid marriage like putting sindoor on her forehead, exchanging garlands and most importantly taking seven steps round a holy fire.

2. If these did not happen then no valid marriage was performed.

3.if it was performed then you can file suit for restitution of conjugal rights to get her back.

4. Do not file any criminal case.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Hi

hoping that you had a Hindu ritual for the marriage ceremony , You have the legal option to file for an RCR under sec.9 of the HIndu Marriage act to bring your wife back..

You should lodge a police complaint stating the fact, but please note that there is no cheating can be made out against her other than filling for a divorce in court on cruelty ground.

To file for Divorce you will have to wait one year completion of marriage unless you file for nullity of your marriage.

In this case there is no ground for nullity as it was a legal marriage fulfilling the requirement under the Hindu Marriage act provisions.

So present circumstances filing an RCR in afamily/district court is the option

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Dear Concerned,

After your decide you want to stay with this girl or not then -

Without delay - If you have the present address of your wife file an application under Hindu Marriage Act Section 9 for Restitution. Also you can file a criminal complaint against your in laws for kidnapping your wife or forcefully keeping her with them.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

you can file habeas corpus petition in HC to direct police to produce your wife who has been missing and taken by her parents forcibly against her will

2) only in exceptional cricumstances can you file for divorce within first year of marriage

3)no case of fraud is made out wife must have been forced by her parents to state that she does not want to stay with you

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Preserve the evidence of your having performed the religious ceremony for your marriage.

2. After that lodge a police complaint against her parents for not allowing her to join you.

3. After that file a Hebeas Corpus petition before the High Court praying for direction upon the police to present her before the Court where she can be asked whether she wants to come to you or stay with her parents.

4. If she does not want to join you, negotiate with her for jointly filing a mutual consent divorce petition which will be disposed of within 6 & 1/2 months from the date of its filing.

5. if she does not want to sign MCD petition, you shall have to file a divorce petition before the Court praying for a decree of divorce on the ground of cruelty since she is unwilling to stay with you as your wife after her marriage with you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hello!

After marriage, legal relationship between you as her as husband and wife comes into existence. As a husband you have a right to the company of your wife. And if wife is avoiding, in that case you can approach the court for Restitution of Conjugal Rights decree.

The Hindu Marriage Act while providing for restitution of conjugal rights says, "If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights."

However, bear in mind that the decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.

Also note that, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.

But I would suggest you that yours being love marriage, and also very new marriage, do not stretch things to such extremes as initiating court proceedings. Try to win her back tactfully.

I may bring to your notice Section 365 of Indian Penal Code.

"365. Kidnapping or abducting with intent secretly and wrongfully to confine person.—Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully con­fined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

This crime is cognizabe and non-bailable. If this is what is happening with your wife (as described in section 365 above) , then you can lodge FIR with police. But before doing that take advice of a local lawyer to ensure whether the elements of the said crime stand fulfilled in your case.

I may also bring to your notice another remedy. Section 97 in The Code Of Criminal Procedure, 1973

It reads:

"97. Search for persons wrongfully confined.

If any District Magistrate, Sub- divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper."

Under this section you can apply before the Magistrate for issuance of search warrant. But again, before doing that take advice of a local lawyer to ensure whether the elements of the said crime stand fulfilled in your case.

The best advice would be try to win your wife back by changing her mind, if you can anyway.

Hope you get your lady love back soon. Wish you all the best.

Nahush Khubalkar
Advocate, Nagpur
69 Answers
20 Consultations

5.0 on 5.0

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