• Dowry

I had a recorded calls for asking my salary. and metioning about the property and all is that enough to show in court. he is hindu and m christian marriage not registered because from the beginning he not supporting he saying marriage not register cannot go legally and u won't get compensation if apply divorce nothing i no need to give because marraige not register i no need to pay alimonry. is that true i won't get justice for there cheating
Asked 7 years ago in Family Law
Religion: Christian

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16 Answers

See if you are married and had been in a domestic relationship then even if the marriage is not registered then in that case also marriage is valid and you can file a complaint wit the police for Domestic violence , 498a IPC mental harassment, physical harassment and dowry harassment under section 3 Dowry protection act.

The police shall file an FIR against him, also you can seek maintenance under Domestic Violence (Protection) Act..

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even if your marriage is not registered you will have all the rights of a wife and you can claim your maintenance in case it is a requirement and you are not working.

As in your question you wrote that you are working and having a salary so you will not get any maintenance from your husband but in case you go for the divorce petition then you can ask her one time permanent alimony in the walk the divorce.

Simply by asking a salary detail is not a dowry case and you may not be able to prove that.

You have differences in the matrimonial life it will be good for both of you to sort out matter amicably this will be good for both of your life and a small and pretty reasons for disturbances should be ignored as both of you are the only one unit.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Even if the marriage is not registered, you are entitled for alimony. And you have to apply for a divorce even if your marriage is not registered. Suppose you have kids, then it becomes a problem without Divorce.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

1) If you have any proof of paper that you both are husband and wife for example ration card, AADHAAR card, property papers etc on joint names.

2) You can file for Divorce, alimony and maintenance under Special Marriage act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

He is played a fraud on you. Inter-religious marriage like yours is legal only if it is solemnized under special marriage act. If it is solemnized under this act, then it gets registered. 

As it's not a valid marriage, you can't opt for divorce, maintenance under section 125 crpc. However you can file a case under DV Act as you were living with me in a nature similar to marriage ie in domestic relationship with him, and then you are entitled to compensation under this act. 

You must also file a police complaint against him u/s 496 of ipc--- marriage ceremony fraudulently gone through without lawful marriage. You must also add u/s 493 IPC ---- cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 

Consult me through phone consultation for further advice. Your email is not shown here. You can provide me that too

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Even if the marriage is not registered, you have to seek divorce by filing a divorce petition before the family court. You can claim maintenance from your husband if you are not able to maintain your self. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19345 Answers
32 Consultations

1) Did you convert into Hinduism?

 

2) for valid marriage both parties need to be Hindus 

 

3) non registration does not affect validity of marriage 

 

4) husband has to pay alimony in event of divorce 

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

Firstly since it is inter religion marriage it should have been registered under special marriage act.

However there is no restrictions on you to not to lodge a criminal complaint with police for dowry demand and other cruelties he has done against you.

On the basis of evidences in your possession You may very well proceed with a criminal complaint against in the nearby police station for the said offences.

 

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

Dear Querist

if you marriage was solemnized without conversion than your marriage is not valid and you are not legally wedded wife hence you can not get any alimony. but you may get monetary relief if file domestic violence case against him before the magistrate under section 12, 18 19 20 & 22 of the Protection of Women from Domestic Violence Act-2005.

 

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hello,

for you to avail the laws, it is necessary that the marriage is registered under the special marriage act. Otherwise, it will be difficult for you to obtain maintenance and file case since Legally no marriage has taken place.

for how much time were you married and living together?

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Non registration dose not invalid the marriage, it can be proved by ceremony pics. Calls records are sufficient evidence to sustain your criminal case and other remedy under Protection of Women from domestic violence act.

And if he denies marriage than you can file rape and cheating complain as you had physical relation with him believing him legally wedded husband.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Madam,

Nothing to worry, 90% of marriages in India are unregistered but recognized by the Court.  Even live in relationship is considered as marriage.  Immediately file DV case with following reliefs and you will get big amount of alimony.

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you will get justice without registration of marriage dont worry. you can file divorce as well as claim ailmony

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

Dear Madam,

Every married woman whether her marriage is registered or not entitled for alimony. You need not worry.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. This is not 'cheating' in legal parlance.

2. To merely ask the salary of wife is not tantamount to harassment for dowry, hence it does not fall within the mischief of Section 498A.

3. Since he is a Hindu and you Christian the marriage could have been done only under Special Marriage Act. If that is not done then marriage does not come into inception in the first place, albeit you can sue as a live in partner.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Your marriage can be annulled by court by granting you divorce only if was duly registered. Only then will you be entitled to any alimony.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

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