You can file a habeaus corpus writ in the high court stating that she cannot he traced and her father took her. Also a police complaint can be filed. They will trace her and bring her back to you.
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Hindu Muslim marriage but not registered
Hi. I am a hindu guy and my wife is muslim we are married as per hindu rituals and we never got our marriage registered. Now my wife's father have sent her to some other place where I am unable to contact her. I don't even know where she is. As proof all I have is photos and an affidavit sworn by her to me stating she is married to me. Can these help me get my wife back? We love each other from 9 years. If there are any options that can help please let me know. Thank you
Asked 7 years ago in Family Law
Religion: Hindu
14 Answers
You should have got your marriage registered under special marriage act, go get her and register it under special marriage act, only divorce can part you both after registering on special marriage act
1) You can make complaint in police station that your wife is missing and for missing her husband is main culprit.
2) As per hindu law if your marriage is performed in custom way and not registered still it's ok. Your wife will be yours only she shouldn't deny in front of police officer.
Has your wife converted into Hinduism
2) for valid marriage under provisions of HMA both parties have to be Hindus
3) file police complaint about your missing wife
4) you can also file habeas corpus petition in HC to direct police to trace your wife
Dear Sir
Even living for long period is considered as marriage. As you know 90% of marriages in India are not registered. Just file a Habeas corpus petition before HC for her production.
You will get her.
- Your 'hindu-muslim' marriage as per 'hindu traditions' is blatantly illegal and anl voud-ab-intitio (invalid from start). Personal laws don't permit such a union. So the question of getting it registered doesn't arise.
- For major persons of different religions to get married, they have to solemnize their marriage under Special Marriage Act and not personal laws, which you have done as you say 'hindu traditions' marriage.
- Now as she is untraceable as you say,... Was she a major? If she was, and you have apprehension she has been taken away to some unknown place by her parents against her will, you must file a kidnapping case against her parents. Make a police complaint.
- Once she's traced, and both of you desire to marry, marry under Special Marriage Act and not under Hindu traditions or Muslim traditions
You need to file a habeas corpus writ petition in the Karnataka High Court against you father in law.
It appears that your father in law has a hand in this.
If your wife supports you, there no power which can separate you from her.
Follow the advice tendered. Contact a local lawyer.
Dear client.. immediately meet a Lawyer and file Habesiocorpos case against Ur father in-law in High court... and submit all pics.. and affidavits in front of the court.
It helps u ..to get back Ur wife.
I would suggest you to file an FIR at your jurisdictional Police Station stating that your wife is missing since (mention the date). Further, when Police would fail to produce her, you may approach to High Court under Habeus Corpus Writ whereby Police will compel to produce her.
Dear Client,
Marriage is not valid but being in a relationship, enough to file writ of habeas corpus.
Hello
The marriage had to be performed under the special marriage act which was not done therefore this is not a valid marriage. However file a habeas corpus petition in the hc for the girl that she has been illegally detained an hence should be set free.
Regards
You have to file an Habeas Corpus writ petition in the High Court on the basis of your marriage it is not required that the marriage should be registered for this purpose and the high court will ask the family to produce the girl in the High Court where she will witness that she wants to go with you.
This medicine is meant for releasing the person from the captivity of anybody who could be the relative and the person is produced inin t couCo by the police.
If your wife confirms in the court that she wants to go with you then good will allow her to go with you instead of theclaim of the father.
The marriage solemnised between you both who belong to different religions, under hindu religious rituals is not valid and your marriage is null and void.
This marriage shouild have been solemnised and registered under special marriage act, then you can claim your rights over her legally.
However if you could not locate her then you can lodge a criminal complaint with the local police about man missing and after three days also if there are no effective result you may file a HCP before high court to direct the police to prooduce her before court.
1. You should have registered your marriage as per Special Marriage Act.
2. For solemnising marriage as per Hindu Marriage Act or as per Hindu customs, both shall have to be Hindu.
3. If you are sure that she will still support your cause, then you can file a Habeas Corpus petitiuon before the High Court who will direct the police to produce your wife before the Court to find out with whomn she would like to stay.
