• Threaten to divorce from spouse

I am presently working as a captain in army and my husband is army doctor. Our marriage was against his parents wish and they don't want us to be together. In their influence he started misbehaving and is forcing me to give him divorce. Our marriage was done in a arya smaj Mandir and I have the certificate. But He is now denying to get the marriage registration done. He is not even receiving my calls
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

Arya samaj marriage is valid

Non registration does not affect validity of marriage

For registration of marriage both parties presence is necessary

Refuse to agree for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

You cannot register marriage if your husband refuses to fill in application form and appear before register of marriages

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

1.There is no separate registration required anymore.

2/. Registration in Arya Samaj Mandir is considered to be valid under Hindu Marriage Act.

3. If you do not want divorce then it would not be easy for him to get divorce.

4.if your husband is a good man otherwise then shower him with your love and affection.He would surely be attracted to you again.

Allthe best.

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

1. signature and personal appearance of parties to the marriage is compulsory for registration of marriage.

2. if he denied to get registration you can file an application before the marriage registrar for calling him for registrar.

3. marriage registrar also has judicial power and he is a quasi judicial body. some parts of CPC is applicable on quashi judicial body. so he can summon the party for registration Under order 5 of CPC.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Our marriage was done in a arya smaj Mandir and I have the certificate. But He is now denying to get the marriage registration done. He is not even receiving my calls

If you have proof or evidence for the solemnisation of the marriage then the marriage canot be denied nor this can be invalid just because there is no marriage registration certificate.

You can issue a legal notice advising him to take you back into the matrimonial fold failing which you may seek the help of law to enforce the marriage and conjugal rights.

Being an Army officer, he would be worried about his employment and other strict rules of the defence service.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

How to get the marriage registration done in this situation?

For registration of marriage you both have to be present jointly before the marriage registrar's office, for that you both have to come to a compromise and start living together happily.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

1. Both the spouses have to jointly apply for marriage registration in the office of marriage registrar, failing which the marriage registrar cannot register the marriage,

2. However, the absence of registration of marriage does not make the marriage illegal or irregular. Even an unregistered marriage is as good as a registered marriage.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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