I'm a hindu guy and my wife is muslim. We were in love from 9 years. We married as per hindu ritual. Our marriage is not Registered under special marriage act. As proof I have photos where we both are wearing garland and she is with mangalsutra. And an affidavit sworn by her to me stating she is married to me. Now that my wife informed about love to her parents they are blackmailing her that if she leave house it should be only after her dad's death. Her parents doesn't know about marriage. Now since they are black mailing her my wife turned against me. Now she is against me. Even if police or court ask she would talk in favour of her parents. So is there anything I can do if I'm cheated? If a guy leave a girl she can file rape case on him. Can a guy do the same on the girl. More than anything I need my wife. I love her from 9 years. Please help. Let me know what best can be done.
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Hello,
The same is not a valid marriage and is void.
therefore, you can not enforce any right of your's as a husband.
Moreover, it is right that India has laws which favors the women and I would not advise you to take any step at this juncture.
Regards
Sir.. 1) one option is filing Habesiocorpos against her parents in Honorable High court.
2) as u r saying now she turned against u.. forced by her parents to turn against u ..
3) u have pics with wedding garland..and affidavit of her statmstat..that she agreed that she married u with her full consent..
U can file a cheating case against her..
4) in front of the court... U just give statement that we both married eachother with full of love and full consent.. but now she is breaching trust..I want my wife back.
1. No marriage can survive without the mutual consent of spouses. So whether your marriage is valid or not you can save this marriage unless you win your wife back.
2. This marriage is though invalid unless at the time of vedic marriage your wife was converted to Hinduism from her Muslim religion which is does not appear to be so.
3. If any of the spouses or live in partner for no reason walks away from marriage no legal action can be taken against him.
4. If she alleges of rape then FIR would be registered against you and unless you take anticipatory bail you may get arrested.
5. Try to cajole her and shower her with love and affection to get her back.
You can have her by your side, only if she's willing.
This marriage is not valid, for a) she did not convert to Hinduism and b) this marriage was not solemnised under special marriage act.
You are in a peculiar situation. Things wouldn't have been so bad if she were on your side, which isn't the case.
lodge a FIR against her for cheating you
See since she has not changed her religion accordingly the marriage is not valid though technically conversion in Hindu religion is not valid. You cannot file a rape case on her or any other case.
You can send wife a legal notice to restitute and register marriage under special marriage act.
Don't file any criminal cases on her, as it will back fire.
File an RCR (Restoration of Conjugal Rights), at least you will have the satisfaction that you tried.
Before filing make sure she is a major and that she was a major when she married you.
If she was a minor, then it's better you forget, else her parents can file kidnap and rape case on you and according to POCSO act, you will be jailed for nearly 7 years. Even if she says she voluntarily came with you, the court will not listen as she was a minor at the time of marriage.
Legally, She is your wife you have to resolve the dispute Amicably through an mediator or You can approach the mediation centre In court of your local jurisdiction.
1) I presume your wife has converted into Hinduism
2) for valid Hindu marriage both parties need to be Hindus
3) issue wife legal notice to return to her matrimonial home
4) if she refuses you can file petition for RCR under section 9 of HMA
Dear Sir
File Restitution of conjugal rights case
1) You can complaint against her for cheated you under section 415 of IPC.
Section 415:- Cheating
Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
A Hindu and Muslim cannot get married under Hindu religious rites or traditions.
The marriage is basically void.
Therefore any step taken to bring her back to you may not be legally maintainable.
No cheating case is also maintainable.
In any case you may issue a legal notice to her demanding her to rejoin on the basis of your wedding with her, if she do not respond then you cannot do anything legally on it.
