I am a girl who was in relation ship with a boy when student inspire of all problems we were together. He is OBC and I belong to SC family. I use to love him like mad so whatever he use to say I agreed like having physical relation and even recording that, though I don't like that he said he want it only for him. I have given him all information like my home address my family numbers, and never ask the same from him. One day he said he want to marry me without telling our parents I resisted but he finally succeeded. So we got married in January 2011 at aryasamaj mandir, they given us one certificate of marriage, although we hadn't register it in court but I signed a register and on some letter that if anything will happen to him my family would be responsible we had photo of marriage which is with him only. After marriage I got a reputed job after that problem started I am far away from him now he started blaming me that I am characterless use to roam and talk with other boys and even if I give money to my family he use to insult me. He is not doing any thing and not in mood to do so, only want to live on my money. Now my family knows everything. Now I don't want to marry him because I know it will not work as he just want to depend on me. His family is not taking any responsibility, now he is torchering me and my family that he will put my MMS on net he even hacked my facebook account, he said he will not let me live in peace . even he and his family knows I hate him but his mother is not saying anything, now my father also want that I should marry him cos he will not let me marry anywhere else, and taking legal help will ruin our family name. I don't want to stay with him now I think I deserve better life and respect. Guide me what should I do legally as I he is having my MMS and photo of marriage. Marriage certificate is with me can I take divorce on that basis. Please help.
Asked in Criminal Law from New Delhi, Delhi
first of all do not worry,every problem has a solution,since both the families knows about the marriage ,you can file mutual divorce and if you want you can file complaint in women cell also,
Advocate, New Delhi
There are two points in your issue. No.1 is your marriage problem No.2 is putting your MMS on net. No.1:--The marriages done in Arya Samaj are valid one nobody can question it. It is equivalent to registered marriage. Even if the marriage certificate is with you, your husband can obtain another certified copy of the same from Arya Samaj. So, you cannot deny the marriage and you have to accept the same. If you want to get divorce, you have to file a divorce petition on the ground of cruelty and desertion. It will take a long time 3 to 4 years. Other alternative is to file mutual consent divorce, you will get divorce very easily. No.2—He is threatening you to put your MMS on net and he is also hacking your facebook. It is a very serious offence under of IPC. It is cognizable and non bailable. He will get a punishment of imprisonment of up 3 years. Immediately file a police complaint before the Police and tell them he is having in his possession your MMS and hacking your facebook. They will arrest him and collect your MMS from him and file a criminal case against him.
As per the facts furnished by you it is clear that you are already married. Hence, there is no question of you 'wanting to not to marry him'. You should know that arya samaj marriage is a valid marriage for all legal purposes. Your husband may obtain 100 certified copies of the marriage certificate from arya samaj notwithstanding that the original is with you.
The only way out is to apply for divorce as the conduct of your husband amounts to grave cruelty in as much as he has questioned your character and threatened to release your MMS. If your husband does not agree to mutual divorce then you may unilaterally apply for divorce. You may also file a police complaint against your husband for threatening to release your MMS whereupon he can be booked and arrested under non-bailable provisions of law. Police will recover the MMS from his possession.
No doubt you deserve a better life and life partner, in order to get which you need to liberate yourself from this relationship. The path to liberation necessarily passes through an adjudication by court.