Marriage of a person with a girl whose age is below 18 is voidable. It will subsist until it is annulled by a court under the Prohibition of Child MarriageAct, the Madras High Court  Such a marriage is not a “valid marriage” in the strict sense; but it is “not invalid,”

2) if she has been physically assaulted she should have filed DV case against her husband 

3) non registration dues not affect validity of marriage 

4) she should file poluce complaint against her parents for forging her documents 

5) you cannot marry her as long as previous marriage subsists 

1. The underage marriage is voidable which if on attaining majority is not challenged becomes valid. 

2. Martial rape is no crime in India but for physical tortures case under section 498A IPC can be filed. 

3. Yes. Non registration of marriage doesn't invalidate marriage. 

4. You have no locus standi to file such case and even if you do the same would not stand after si many years. 

5. Unless and until she gets divorce you can not lawfully marry her. 

Ask her first to file case against her parents and her husband, for getting her married and against her husband for sexual harassment case. Under Hindu Divorce Act she can get a divorce and then you both can get married.

Side by side you can ask her to apply for Divorce and file all cases in one court only.

1. It is not valid, she may file annulment petition before the family court. 

2. Yes the girl may file a police complaint.

3.  Photographs and invitation can be considered as valid proof. They cannot file any case against you on ground of your relationship her husband can file divorce.

4. You or she may give police complaint against same.

5. After annulment of marriage she can get legally married to you.

It can only be voidable if both the parties accept it

Yes if the wife complains

Yes you can sue only girl is with you

Yes the said marriage can be legalised with both the persons consent

She could have challege the marriage within one year on becoming major. Marriage is valid now but she can live with u .

Ahe can file complain on rape even  now.

No case agasint you if you take that girl with u.

Girl can file case for forging age documents.

You can live in and file divorce simultaneously.

Based on your case study and facts I am answering your question as per legal provisions which are as under:-

1-No, Marriage is not valid based on evidence. 

2- Yes,Definitely based on evidence. 

3- No, Law enforcement officials needs valid proof to proceed with.

4- Yes,  you may based on evidence. 

5- You may marry her but you will have to go to Court for declaration of her earlier marriage as voidable between her and so called husband.

Her voidable marriage has to be declared by a competent Court to clear your way to get married with her otherwise your marriage would also be a invalid. 

You will have to move before Court under section 13 ( 1) ( I a ) of H M Act 1955 for divorce on the ground of cruelty. 

Child marriage is punishable under Prohibition of Child Marriage Act 2006.

Dear Sir,

The marriage can be proved/declared void by due of process of law by filing the petition in the family court. The guy along with the parents can be tried and face punishment as per law on your complaint. After declaration of marriage as void, you may marry without legal obstacles.   

Dear sir,

Child marriage is not invalid marriage since inception. But it can be made invalid if the wife proves that her consent was obtained by fraud or force. The relevant provisions are Section 5 (iii),12(1)(c) and 12(2)(a) of Hindu Marriage Act, 1955. (You can read them if you wish to know in detail). 

However, i would like you to know that she has made a long delay in filing a petition for nullity of marriage. The courts are unlikely to cancel the marriage now. Specially when her guardians will say that they gave a valid consent. 

Next alternative is to obtain a mutual consent divorce (if the husband agrees to do so) or to file for a divorce on the ground of cruelty mentioned under Section 13 of the Hindu Marriage Act. She cannot marry you until she gets a divorce. 

Answer to all your questions: 

1. Yes

2. No. Marital rape is not an offence in India. Moreover you cannot prove such act which happened 7 years ago.

3.  Registration is not mandatory as a proof of marriage in court. There are lakhs of couples of do not get their marriage registered. If the other side can prove that they followed the custom of taking 7 steps.. The marriage would be recognized in courts.

4. Forgery is punishable with two years. And limitation period for filing complaint for offences punishable with less than 3  years is 3 years. Unfortunately there is a long delay again.  

5. No. You cannot get married untill your wife obtains a divorce from the previous husband. Even is she converts to Islam and marries you, she can be convicted of bigamy.

You can proceed by convincing both husband and wife to obtain mutual consent divorce. She can convince the husband by stating that she will not take any alimony or file a criminal case against him.

If that doesn't work then ask her to collect all evidences of cruelty and file a divorce on those grounds. Please remember, the Court will not believe her unless there are evidences. 

Hope this answer helps.

Best wishes.  

Hello,

1. Her marriage is valid, but voidable upon proof of forgery in documents to show age of majority.
2. He cannot be punished as he was not aware of being married to a minor while she was with him. Besides after a gap of 7 years such accusations cannot survive.
3. They are valid proofs of marriage. Registration of marriage is not mandatory in a Hindu Marriage. Why would anyone file a case against you. You are no way related to anyone.
4. You cannot file any complaint against her parents as you have no locus standi, but she can provided she has sufficient proofs to show that forgery was done.
5. You cannot marry unless she gets a divorce from her marriage or get it voided by a court order.

1. No , the said marriage was not valid , and she can lodge a complaint against him for having sexual relation in the garb of an invalid marriage , and can also declared the said marriage as null and void . 

2. Yes,

3. No , even the said marriage was a legal marriage , but if you get marry with her without getting order of void marriage from the court , then that will be second marriage of her , and which is illegal under HMA Act. 

4. She can lodge a compliant /case against her alleged husband and parents . However on behalf of her you can also file the same on the ground of forceful marriage. 

5. Without getting the said marriage invalid from the court , you cannot marry with her . 

1. She can annul her marriage by showing proof of her age at the time of marriage.
2. It is tough to prove sexual assault after so much time passed.
3. Photos are valid proof bur as she was minor she can annul the marriage.
4. She can do it not you.
5. Only after her marriage gets annuled.

1. No it is not valid.

2. Yes...

3. Registration is not necessary to prove a valid marriage but this one is invalid due to age.

4. Yes.

5. Yes

1.This marriage was void and became voidable when she turned 18.

Now this is a valid marriage and she will not be able to marry again without divorce.

2. No this man can not be punished now as he has the right to have sexual relation with wife.

3.Yes, you may be charged

4. Who are you to sue her parents and husband? She is still his wife and may have all the rights of a wife.

5. No before the divorce this marriage will be bigamy and cannot be registered will open the legal venue for the husband and her parents against both of you.

1. Her marriage has been solemnised as per law in the presence of witnesses, hence her marriage is very much valid.

2. No, he has married her hence it may not be an offence.

3. They are very much valid evidences to prove their marriage even though their marriage is not registered yet.

4. You have no rights to take any legal action against her parents or her husband for any reason.

5. For marrying her, first her subsisting marriage has to be dissolved by a decree of divorce through a court of law and then you can marry her under the provisions of special marriage act.

That mareiage can ve declared null and void as it was performed by stating facts which were false.

Their parents can be sued for forgery. Not doing Registration doesn't mean taht marriage is illegal. In your case it is illegal because she was a minor and her certificate and documents were forged.

There are no hurdles in your marriage.

marriage is not valid but she need to file complaint against parents and husband. 

She can file Domestic Violence case against husband. 

registration is not a legal requirement and failure to register a marriage does not affect the legality of the marriage.

she should file complaint against her parents and husband. 

firstly the  she need take divorce from her present husband then you may marry her

Ask her to file a criminal case against the family members and that guy. You need to arrange her shelter before that. 

1. No marriage is not valid but she need to file petition to declare the marriage null and void.

2. Yes for that girl need to lodge FIR against him. 

3. Yes they are valid proofs even without registration of marriage.

4. Yes but it will be better if girl lodge FIR by herself. 

5. No because girl has attained majority 6 years back and now she need to file petition for annulment of marriage.