Hi, you have to file a petition for restitution of conjugal rights in the family court and ask her to live with you as wife.
2. Or else you have to give divorce to her on mutual consent.
Marriage problem girl changed her mind
We got married in feb 2013 through arya samaj mandir in allahbad as the girl parents were no more so after few months girl shifted with me in noida before girl was livng with her mama(uncle) and girl never told her family about our marriage and relationship , my family knew about this because girl phoned everyone and told about this. one year before girl went to her home town because she got one gov job and as decided by end 201 she will come back , two months back she changed her number and now her mama a big shot in allahabad because too many contacts he has got is threating me and my family to stay away from her and not to call at all. We are normal middle class people and they are too rich so they think i am after there money but in opposite i was in relationship with her from past 8 yrs then got married. EVEN THE GIRL MIND HAS CHANGED I THINK SO. I HAVE TO IDEA WHAT TO DO AS MY SISTER IS GETTING MARRIED IN DEC AND I AM FORCED BY MY FAMILY NOT TO TAKE ANY LEGAL ACTION. SITUATION IS GETTING WORSE DAY BY DAY HELP REQUIRED URGENT
Asked 8 years ago in Family Law
Religion: Hindu
11 Answers
You may file for Restitution of Conjugal Rights under section 9 of Hindu Marriage Act 1955 and the girl would start residing with you under the directions of the court.
Regds,
Adv. Payal
1) IF your wife does not want to stay with you best option is to obtain divorce by mutual consent
2) if you want your wife back file for restitution of conjugal right under section 9 of hindu marriage act
3) in the alternative file for contested divorce
if she does one more marriage
Asked 8 years ago
1) your wife cannot remarry during subsistence of earlier marriage
2) such marriage would be illegal and you can file case of bigamy against her
understand the situation, the girl has indeed changed her mind, she got married because of her circumstances, now things have changed, you have not.
If your wife is staying away from you for more than a year, then you can proceed to issue a legal notice asking for RCR, if she obliges fine, otherwise, file a case for dissolution of marriage, obtain divorce on grounds of desertion, and move on in your life. It is a waste of time waiting for her.
Hi, as per Hindu law Hindu can't marry a second wife or husband during the subsistence of 1st marriage and you can file a police complaint against that person for adultery.
1. Well it is possible that this girl may have been held against her will by her mama and threatened with dire consequences for her and you if she attempts to join you again.
2. You can move the High Court to seek the release of your wife from the imposed shackles of her mama. The HC can also, if sought by you, grant protection to both of you.
3. Your wife cannot remarry except after obtaining divorce from you.
If the girl is marrying another person during subsistence of this marriage with you, it will be termed as bigamy and is null and void as per law.You can file a petition for restitution of conjugal rights against her and draw her to court which will safe guard your marriage with her and also since the court case will be popularised, she may not find a match to marry snapping the ties with you.
First issue a legal notice asking her to return to her matrimonial home and then initiate the legal process to bring her back.
Since in Hindu religion only one marriage is permissible at a time if she marries someone else you can get her marriage declared as null and void.
Regds,
Adv. Payal
1.Has any marriage certificate been issued by the said Arya Samaj Mandir? Did they record your said marriage? Is thre any photograph or evidence of the said marriage?
2.if yes, then she is your wife and neither you or she can marry again without taking he decree of divorce,
3. Ask her to agree for mutual consent divorce which will be disposed of within 6 & 1 and 1/2 months.
1. If she marries some one without taking divorce from you, then that marriage will be legally invalid,
2. Negotiate with her for agreeing for MCD which will be beneficial for both of you.