I am an US citizen an have gotten married in India . The marriage happened in a temple and we signed affidavit of marriage in court , it was not registered however. I left for USA after 3 days of the ceremony. Some things are looking worrisome , and I want an affidavit signed from the bride that might protect me from 498A . what are the things I can include in the affidavit as a future protection , in case I file for divorce later . 1. affidavit stating that neither me or my family has done any mental or physical torture or harrasment on her / family 2. stating that I had not asked or taken any money or gifts or dowry
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For the second point that you have pointed out you can get an affidavit which will be enforceable later but for the first point your wife even after signing an affidavit can deny the content of the same later.
Such agreements have no enforceability Sir and will just be a piece of document for you.
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Sir, even if you make her sign such documents,she can later take a defence that such undertaking was recieved under coercion and pressure or fear of death ..under such circumstances , the affidavit will not hold any authenticity ... However, you can obtain it writing from your in laws that no such dowry was given during marriage
1. Such affidavits are very uncommon and may not be accepted by the Court if the other side argues that it was forced to be affirmed by the bride after the marriage under your pressure when she was in a disadvantageous position.
2. Moreover, it might not have any affect since she can complaint that you have started torturing her after she was made to affirm the said affidavit and demanded and taken dowry from her father. In the said event, your said affidavit will become ineffective.
1) get email from your wife that no demands of dowry were made before , at time of marriage or after marriage
2) that she has not been subject to an acts of domestic violence after marriage by you or your family members
1. An agreement which puts a restraint on the right to institute legal proceedings is regarded as void under Section 28 of The Indian Contract Act. So the affidavit conceived by you shall have no force of law.
2. If and when she files any case then contest it on merits.
The proposed affidavit will not protect you from any legal onslaughts she may try to initiate against you.
Moreover she may not be willing to give any such affidavit and even if you obtain one she may say that it was obtained by force.
Hence think of any other measure that may solve the issue
I had made the question simplified , but here is the reality . I was told that we would have an engagement in temple. so we did an engagement ceremony at temple (on thursday), but I was taken aback as the ceremony seemed like a marriage. the engagement pictures also show a date of thursday . later they took me to the court and made me sign a affidavit that I would marry her in temple . they later took a document of certificate from temple that we got married and the certificate is dated for saturday. (2 days after the engagement ) . I left the country on next monday. It was really a fraud on their part and i want this anulled . which one of you lawyers would be willing to get this anulled and whats the fee's
Since are an USA citizen, the marriage solemnised under Hindu marriage act and the certificate obtained thereon is not valid and the marriage wold be null and void.
The marriage should have been registered under Special marriage act, 1954.
This can be one among the substantial reasons seeking annulment, besides fraud, coercion and forced marriage against your wishes.
But all these to be done within one year from the date of such knowledge or marriage.
You have asked for a willing lawyer, but you have not stated that which place this fraudulent marriage took place and where the girl resides in India.
The general call given to all lawyers is not a right way to approach the lawyers, you should have picked up one of the lawyers listed here in this forum and could have approached one of your choice.
your marriage would be valid even if it is not registered
2)you have also executed an affidavit wherein you agreed that you would marry her in temple
3)the certificate from pandit of solemnisation of marriage with the wedding photographs , affidavit does prove that marriage has been solemnised
4) no case of anullment of marriage is made out .
5) you would be wasting your money on legal fees
At which place all these things happened and where are you residing as of now. Let me know the details so that I may tell you further details.
1. You have been arranged to be recorded as married by virtue of the temple certificate.
2. For claiming that you have not married the lady with whom you were engaged, you shall have to prove with evidence that the said marriage certificate issued by the temple authority id false.
3. For calling the said certificate issued by the temple authority false, you should have lodged a police complaint. Lodge it even now if you have not yet done so.
4. Thereafter file a declaratory suit praying for a declaration that you were never married to the lady you were engaged with and the said marriage certficate issued by the temple authority is false, hence invalid.
5. If you find that police has not yet taken any action in response to your complaint lodged against the temple authority and the members of the family of the lady you were engaged with, file a Writ Petition before the High Court against police inaction seeking relief and justice.
6. You shall have to engage a lawyer practicing at the Court having jurisdiction on the area where the said temple is situated.