• Legality of marriage and separation

Hi, m a government servant, my story is bit complicated actually. Me n my so called gf got into relationship 9 years ago n got married at that time in a temple(not Arya samaj) without my parents knowledge. We thought that we wud get marry legally after we both get professionally set up. In the mean time, I secured a government job, there also being unmarried status n my gf secured her ph. D admission also declaring her unmarried status, it was mutually decided by us that we won't tell anybody till we get professionaly set up, now for the last 3 years I m into sum other relationship n when she got to know this, she started blackmailing me as she has some pics of marriage of that time, she threatens me of suspension as I have concealed my not so clear marital status,I have support her through out her career financially by indulging into home tuitions in Delhi so as to support her, as she belongs to a poor family, at that time, she was only 12th pass out, and was not allowed by her parents to study further n drop out of the studies for 10 years,I. e. When she started her b. a., she was 25 at that time, and I was 21,we also live 3 years together in live in relationship in Delhi, now it's been 4 years that I m settled in Shimla and she is pursuing her ph. D in chandigarh,she has gone into my department explaining her situation verbally but department says give in writing, then only we can take some legal action, I m ready for everything but she says I want to live with u only, 
I want legal safeguard for this situation as I m not able to carry this relationship further. Do we have to remarry and then go for divorce, kindly help me out of this situation.
Asked 8 years ago in Family Law
Religion: Hindu

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12 Answers

You should file for divorce

2) only after divorce decree is passedshould you remarry

3) contested divorce cases take 5 years to be disposed of

4) if you have supressed your marital status disciplinary action can be taken against you

5)you can be suspended from your job

6) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you have married in a temple before the sacred fire taking 7 rounds as per Hindu Marriage Act section 7(2) the marriage is complete by way of saptapadi and i am sure or guessing in this tenure you have consumated with her and hence marriage is complete. Go to technical lawyer who can guide you best and file a General Diary before local police station by way of speed post stating your condition and seeking protection that you may be dragged into false cases of rape or 498a or domestic violence and being a government servant you fear trouble coming your way seeking protection.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Hi, Suppose if she claimed that both of your married and then she has to prove the marriage. By showing photo graphs it is difficult to prove the marriage. She has to show some documentary evidence. If she proved that she is legally wedded wife, then you can file petition for divorce.

2. Suppose, if she lodge a police complaint, for precautionary measures you have to take Anticipatory Bail.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

1. Deny the so-called marriage as it is not registered.

2. Issue legal notice to her for defamation Or register the case against her for the same.

3. Images can not be always credible proof of a marriage.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

1.You have lost her trust or betrayed her trust totally.SO do not take the plea of her understanding to represent your status as unmarried all the time.

2. You have indulged in infidelity and she being your legally wedded wife has every right to bring this fact to you job and can prosecute also under various criminal charges.

3.Hence admit your mistake and seek her forgiveness with all earnestness. If she finds you the same mane which were previously she would surely forgive you and you can live rest of your life happily.

4.Marriage is not a child's play nor the bride is a toy to play around.

4.Now register your marriage under HMA.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If you were 21 and she was 18 at the time of marriage, and you both were Hindu, this marriage is perfectly valid. One more condition is that it must have been performed in accordance with the Hindu rites and rituals.

I think because all the conditions for a valid marriage under the Hindu Marriage Act are met in your case, this will be deemed to be a perfectly valid marriage.

I'm afraid you will have to file a divorce to get separated.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi

Ask for forgiveness from her...

She is your wife , and marriage is not a game of kids. It's the lifetime responsibility that have to completed by both of you.

Ask her for forgiveness, and stop her from sending any written complaints to your department..she is a pH.d scholar and can do something good with her and your life..

Accept her and get your marriage registered.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hello sir , a marriage is legally enforceable which is performed In the arya Samaj mandir .. Also a record of marriage is kept In the mandir of the marriages performed .. So legally you are married person .. If you want to end the marriage and do not any complications in future it is advised to obtain Mutual divorce..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Respected sir ...

I would like to advice you a bit differently ..

Sir there is a situation occurred where you have to lose your job and you will be behind the bars she also can put you under 376 of IPC ...Best option for you is to get marry with her and just after that take divorce that will only put you to 498 which is no where stands in compare to 376 of ipc and job loss ...Make your mind and go ahead no need to worry firstly save your job and yourself...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

If you got married as per hindu rites and rituals then it becomes a valid marriage, and you can get a divorce on this ground.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can directly go to court of law for divorce, there is no need to remarry.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Since you marriage has already been solemnised in the presence of witness, it is legally valid.

As you both live separately, desertion, incompatibility and mental cruelty can be cited as reasons for divorce.

You can very file a divorce case on the above grounds, and do it before she lodges a complaint with your department in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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