• Hindu Muslim marriage but not under Special Marriage Act

I'm a hindu guy and my wife is muslim. We were in love from 9 years. We married as per hindu ritual. She never converted to hinduism. I respected her feelings and never said her to convert. And she was scared of special marriage thinking that her dad might know since sub registrar would send notice of marriage to home now 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. I have been cheated emotionally I believed her that she would be with me forever and got her name tattooed on me chest. More than anything I need my wife. I love her from 9 years. Please help. Let me know what best can be done.
Asked 7 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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10 Answers

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.

Sadly no case of rape will lie against her nor any case for cheating unless she indeed cheated you and extorted money from you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

See Sir in your previous query as suggested since she doesnot convert the marriage under Hindu marriage act according to Hindu rituals is not valid and is void.

But then also at this moment what I will suggest you to to go and personally meet her and talk to her and her family.  Or send a legal notice the validity question will be raised once it goes in court but still for some pressure this can be done .

 

Further no rape or cheating case can be filed as such based on these facts and circumstances. File a habeaus corpus in high court based on photo graph and court shall ask them to remain present before HC through police then you can talk to her 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

your marriage is nullity as your wife never converted into Hinduism 

 

2) even if you file petition for RCR wife can refuse to stay with you  as she never converted into Hinduism 

 

3) your best option is to file petition for declaration that marriage is nullity as wife never converted into Hinduism 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Sir 

she is your wife bring her to your house police will help you. if resisted file complaint against her parents saying they illegally detained her and blackmailing her. File R C R

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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”.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Inter caste marriage is solemnize under special marriage act, hence, your marriage is not valid neither boy have same remedy as to girl if deceived. You can file complain to police or petition in HC, when the matter become public or brought before court, due to court interference, his father may agree. 

Against her wish, you can take her with you.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Looks to be a very peculiar situation, in which you have landed. As on date, she cannot be said to your wife since your marriage with her is not valid. Had she been supporting you, you still had a chance in your case, but without her support, it is very difficult. At best, it is open for you to file a case of cheating against her.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

 According to section 5 of the  H M Act,  marriage can be solemnised between two Hindus only to make it a legally valid marriage.

You both belonging to different religions cannot solemnise your marriage as per Hindu Laws or rituals 

Your marriage is void and invalid ion law.

Therefore any legal action taken by you to bring her back to your matrimonial fold may not be sustainable in law and it may be met with stiff resistance.

If she is not willing to come back to you then you cannot force her to return to you.

If you suspect that she has been illegally confined in her home by her parents, you may lodge a complaint with the police seeking to retrieve her from the hard clutches of her parents and to join her with you, if the police is not effective you may even file a haebus corpus petition before high court seeking dierection to police to produce her before court.

You may consult an advocate in the local and discuss the subject at length and decide further course of action.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Discuss with her and even with their parents and explain about your true love and settle the matter amicably. Now you have to take firm decision about what you want. accordingly you can make a move. Only you want her in your life again, you may have to leave your side. you want your parents then just forget your love, who is totally against you as of now. forget and move on with your new life.  

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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