1) marriage in area Samaj is valid 

2) if your son was forced to marry against his wishes he should have filed petition to set aside the marriage on grounds of coercion within period of one year of marriage 

3) no threat to your son govt job 

4) mere separation on agreement is not sufficient for dissolution of marriage 

1. Yes it is a valid marriage. Your son could have filed a suit for annulment of marriage on the ground of forced consent but the same can not be done now due to time in marriage.

2. If she file cases against him which are criminal in nature then there is a threat

3. Proper divorce has to be taken which will be decreed by the family court situated at qaiserbagh.

regards

1) best option is for divorce by mutual consent 

2) if wife is not agreeable file for divorce on grounds of mental cruelty .

3) Wife abusing husband amounts to mental cruelty 

4) contested divorce proceedings take 5 years to be disposed of 

5) alimony is at discretion of court depends upon husband income , wife income ,standard of living etc 

1. Yes, the marriage is valid and can be dissolved only by means of a divorce decree.

2. Yes, since he has concealed the factum of his marriage while securing his job.

3. Not valid at all. 

4. Go for a mutual divorce, if both your son and his wife long for separation.

5. No loopholes. No illegality in this marriage just because she was elder.

6. No fixed timeline, but can easily take3-4 years.

This is a voidable marriage because consent of your son was obtained by force which can be annulled by a decree of nullity by court. 

Advice : not to go for divorce. Go for annullment of the marriage if force is actually in effect till date or was ceased to have any effect during last one year.

If annulment is not possible go for divorce on ground of cruelty treatment by her wife to your son.

Hi, since he was 21 at the time of marriage (major) ,the marriage is legal valid as per Hindu marriage act ..However,any marriage performed under pressure and coercion is not considered legal ..But since it has been 10 years fighting on the ground of force and pressure will not get any fruitful result in court ,as no complaint was given in this regard till date ...2)Even if she files a false complaint,no harm will be on his service ..3) The legal way is to obtain divorce from court for separation....4) It is advisable that we convince her for mutual divorce ,contested divorce will lead to false complaints and FIR ,also fighting on coercive marriage will hold no grounds as there was no complaint in this regard for almost 10 years 

If the said marriage is with consent and the custom of hindu marriage has been abided then it's legal.  But registration is also compulsory now. No threat to job.  Agreement is not valid for annulment of marriage you need to file a petition in court. They both can go for mutual consent divorce or annulment. Alimony depends on decision of both the parties. It's better you settle with her. If not ready then contest the divorce

The marriage was an arya samaj mandir marriage and must have been performed at the arya samaj mandir located at puraniya aliganj.

The marriage was between two Hindus and hence  all the rites and rituals of the Hindu marriage had been performed and hence it is a valid marriage. 

The marriage cannot be dissolved like that as it would create hassles in the future.

Regards 

If both the parties are ready then a divorce petition should be filed and divorce by mutual consent would be granted by the court. In that way you would be safe from her.

Regards 

 this marriage it is still valid ant there could be disciplinary action against your son for providing the false information in the department even if the marriage certificate has been lost a duplicate copy can be obtained from the Arya Samaj Mandir from where the marriage salonist as they keep the record of marriages performed by the Arya Samaj Mandir Lucknow.

As they are separated by themselves even if there is no existence of any agreement between both of them the time period is material to file a divorce petition on various grounds non compatibility will be the major ground in this case but the previous history of marriage and before that relationship is not a material factor to go for divorce finally they are married and they have to to follow the procedure of proper divorce even if their marriage is not registered.

Please note that there is no loophole in this marriage and the marriage is performed by the Arya Samaj Mandir is equally valid and in this case you have to go for the proper diverse petition to get the diverse it will be good if the divorce petition is filed and mutually agreed ground so that the contest of the divorce may be divided to get the diverse insert time but in any case it will not take less than a year.

Non compatibility and the aggressive behaviour along with the history of previous relationship marriage and divorce could be taken as ground that she has not properly informed about the previous marriage because the marriage is not yet registered.

 alimony is calculated based on the alimony is calculated based on the income of the person it can be decided between both the parties incase agreed in case of contested divorce one party claims and amount of alimony and the other party contest the demand and then Court decides the amount of alimony based on the social and economic background of both the parties .

you may speak to me in case you need to discuss this matter in detail as I am based in Lucknow

1. If the rituals for marriage have not been properly followed and as the marriage was not even registered despite the rituals not followed properly, this may not be considered as legally valid marriage.

2. There's no threat to his employment.

3. It depends, but since she's in possession of photographs, you got to be a bit careful about it.

4. File a contested divorce on the grounds of cruelty.

5. There are complications due to which there may be problem getting divorce.

6. It may take at least two to three years.

The points for consideration will depend on the pleadings that you may rely upon.

7. You have to produce strong documentary evidences and pleadings to succeed.

8. If she's employed then you can reject her claim for alimony.

Discuss with your advocate at length on this.

Marriage by force is an criminal offence in itself and you have a right to approach court to declare such marriage null and void and also take action for punished her for criminal act however you are so late to initiate criminal proceedings but you can approach court for divorce.

1) mutual consent divorce takes 6 months 

2) if he has wedding photos, invitation card it is sufficient 

3) you can approach area samaj  mention date , year of marriage 

4) lumpsum amount has to be paid as alimony 

1. 6 to 8 months for decree. 

2. He can apply without it but he needs to attach other evidence of marriage. 

3. Yes you can get a certified copy from them. 

4. It can be mostly settled in lumpsum during mutual 

1. As per the information mentioned in the present query, makes it clear that marriage was solemnised in the Arya Samaj Mandir, and sir it is irrelevant that the certificate lost as the Mandir has their spare copy with them and photographs would support the legality of the marriage.
2. Yes, if the employer get to know about the marriage then they might dismiss your son’s service.
3. Yes, that document will have the credibility only if after execution be presented before the court of law in divorce proceedings otherwise it is not the court decree to allow divorce.

Dear Sir

1. Yes the marriage of arya samaj is legal marriage. 
2. No because the marriage was done against his wishes. 
3. Dissolution of marriage on an agreement is not enough for getting divorce your son have to file for divorce in court.
4. If wife is agreeing for divorce then you can proceed with Mutual consent Divorce it takes 6 months to dispose and getting decree of divorce.
5. Your son can file for annulment of marriage on ground of coercion within one year from removal of that coercion. 
6. If wife doesnt agree for MCD then divorce case can take 2 to 3 years to dispose. 
7. Some of the points which can help you getting divorce easily is that the way in which the marriage happened no or very low physical relationship her abusive nature previous divorce etc. 
8. The amount of alimony depends on the discretion of court and factors considered while deciding maintenance are Income of both Husband and wife and the expenses of husband 

1.  The cooling off period for mutual consent divorce is 6 months, i.e., between first and the second motion.

As per latest supreme court judgment the cooling off period can be waived by filing an application for the same by the both the parties before the concerned court.

2. The proof of marriage has to be produced before court to prove the marriage and the divorce solution.

3. You may approach the same place for the duplicate certificate, in case they have one, they may provide the same.

4. It can be a one time settlement also depending on the understanding arrived between both the parties.

1. Approx 7-8 months.

2. H e can apply even in absence of this certificate.

3. He alone can go and obtain a duplicate copy of this certificate, but procuring it is not mandatory just for the purposes of applying for mutual consent divorce..

4. Depends on the party and the negotiation between them. 

1. 6 months

2. he can apply without the certificate as well 

3. He may approach the mandir where the marriage took place and may request them for the same. 

4. yes it can be settled in lump sum. 

You may get in touch if you need further assistance. 

Regards 

Well it may take anything from a minimum of three hearings or 6 months to one year (Divorce with Mutual consent. 

Documents required for solemnisation of Arya Samaj Marriage  where a marrying party is divorced, then, certified copy of divorce certificate issued by the court required. 

a Certificate of marriage from the Arya Samaj Mandir is valid and good enough to establish marriage. better option available to you is filing for divorce by mutual consent. 

You can  use that against her in your defense. It will help you. 

1) you can take plea that she has suppressed material facts. She did not disclose her earlier marriage as she did not submit affidavit as required 

2) demand of Rs 25 lakhs for divorce would not help your case 

3) non registration does not affect validity of marriage

4) wife will apply to court to direct husband to pay her maintenance 

1. No 

2. No 

3. Yes 

4. He should continue to give the money, to show good will to the court 

Let me know if I can be of any help to you in Lucknow 

1.  This is a matter of argument especially after the trial proceedings of the divorce case is completed and the case is posted for final arguments.\

You may gather the evidences for all these and then drill her with quizzes during cross examination.

2. Actually whatsapp messages are not considered as admissible evidence.

3. If the marriage solemnised through Arya samaj has not been subsequently registered before the concerned marriage registrar then it would not be considered as a legally valid marriage.

4. What suggestions do you want on it after having taken an action on this.

Yes she have to produce the evidence of her previous divorce before marrying again. 

Yes whtsapp messages can help you.

No non registration of marriage will not help you much. 

he have taken right decision but he should file divorce without any delay.