• Temple marriage now girl deny

Sir, i did marriage in temple with a girl after 5 year of relationship and she promise me to come along with me at any cost.their is no legal proof her parents took her when we were in a mall after two years they getting her marry with some another person and now she is ready because their parents threat her well since two year. i lost communication with girl from November.they went to women police station a report to SI not FIR.they want all the pics of marriage if i refuse they will charge 376, 324 or something.i have all pics of marriage with audio and video but no legal evidence. what should i do ??please help
Asked 9 months ago in Family Law from Udaipur, Rajasthan
Religion: Hindu
Photographs of marriage are sufficient to prove the marriage between the parties. Share all the pics with police. If a FIR is registered then apply for anticipatory bail to preempt your arrest. If your wife is in illegal custody of her parents then you can file a petition in the High Court for her release. It is illegal on the part of her parents to force her to marry someone. Consult a lawyer and move the HC for an appropriate relief. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1) audio and video recordings are admissible in evidence . 

2) in addition you have the wedding pics . 

3) if girl is not willing to stay with you file for divorce by mutual consent 

4) no case of rape is made out against you . she is your legally wedded wife
Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
1. It seems to be a case of illegal custody where the family of girl is using her as a tool to call the shots. Lay the audio before your lawyer who will be able to tell you whether it can be used as evidence or not. 

2. The procedure to obtain bail is simple-engage a lawyer on payment of his fee. The only cost will be his fee.

3. You can be prosecuted if the girl harms herself and attributes the harm to you.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Hello,
1) The audio and video that you have are legal proofs and if the girl is willing to come with you , being an adult she should make that decision and take her own stand regarding her marriage as she is your legally wedded wife.

2) You need to file a case against the intimidation of your in laws and their family as it amounts to a crime before law and seek protection for yourself and your wife.

3) However you have to be ready to deal with the practical aspects of the entire issue and ensure that the girl who is legally married stands by you through all these .

4) If she has to marry some one else she has to file for  divorce from you in a court of law and the court has to grant a decree of divorce.

5) You are not obliged to give the photographs or other proofs on demand by the in laws.In any case if you are pressurized into giving them away , do so but ensure that you have the back ups stored away safely.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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1) litigation fees vary . In case any false case is filed obtain AB . We cannot say how much your lawyer will charge you 

2) it is extremely doubtful that girl or her parents harm themes elves . If girl commits suicide  and her parents file police complaint against you police will carry out investigations and case of abetment of suicide may be lodged against you if they find you are the culprit 
Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
1.You have the legal evidence of your temple marriage in the form of photographs and audio/video recordings to claim her as your wife,

2. You can lodge a police complaint against her parents alleging that they are forcibly marrying her to someone else and is not allowing her to join you or allowing you to talk to her,

3. You can file a Habeas Corpus petition praying for a direction upon the police to present your wife before the Court,

4. All the above steps you should take if there is even a slight hope that the girl is willing to stay with you as your wife,

5. If the girl does not want to stay with you as your wife, no Court in the world can compel her to join you even if it is proved that she is your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. The girl is already married to you by marrying you following Hindu customs of marriage at the temple. So, for getting rid of you as her husband, she has to take a decree of divorce from the Court. Before that she can not remarry. Whispering is an acceptable evidence before the Court,

2. First of all you file the police complaint as suggested in my earlier post if you are serious about the matter. However, if they file any FIR, engage a lawyer and avail anticipatory bail. AB can be taken only after FIR is filed. The fees vary from place to place. In Kolkata, it should be over at Rs.30,000/-,

3.You will in no way be responsible for their harming themselves. Lodge the police complaint well in advance as suggested earlier.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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Hi, If the marriage photos are there then they can't charge you for the offense of Rape because sexual intercourse has taken place with consent.

2. If you living as husband and wife in one roof even though the marriage has not taken place then also it is deemed to be a husband and wife.

3. So she can't charge you for  the offence of Rape. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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If the girl choses, a police complaint can be filed against you.  Immediately contact a good lawyer. For anticipatory bail it will cost upto 50,000/- (including sureties). Take a duplicate set of the photographs you have and give one set to them.  In emergency the other set will be useful to you.  Give the other set to your Advocate. Whispering is not proof.  Court will not consider. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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Sir, i did marriage in temple with a girl after 5 year of relationship and she promise me to come along with me at any cost.their is no legal proof her parents took her when we were in a mall after two years they getting her marry with some another person and now she is ready because their parents threat her well since two year. i lost communication with girl from November.they went to women police station a report to SI not FIR.they want all the pics of marriage if i refuse they will charge 376, 324 or something.i have all pics of marriage with audio and video but no legal evidence. what should i do ??please help
Sir, i did marriage in temple with a girl after 5 year of relationship and she promise me to come along with me at any cost.their is no legal proof her parents took her when we were in a mall after two years they getting her marry with some another person and now she is ready because their parents threat her well since two year. i lost communication with girl from November.they went to women police station a report to SI not FIR.they want all the pics of marriage if i refuse they will charge 376, 324 or something.i have all pics of marriage with audio and video but no legal evidence. what should i do ??please help

If you have evidence for the temple marriage, it is nothing but a legally valid marriage.  If she marries someone without divorcing the marriage held between you two, then the second marriage is null and void. 
You may send a notice to her asking her to return to the matrimonial fold once again or else you may state that you shall initiate legal action against her if she fails to comply with the demand made in the  notice. 
After this legal notice you may either file a RCR case or divorce case as per the prevailing circumstances. 
They cannot file rape case against you because it was a consensual sex and also since you have sent a notice to live with her and asked to return to you, this will shield you from any legal onslaughts she may propose to initiate against you. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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Since you have stated tht you have photographs for marriage between you both, this will protect you from their false cases namely rape etc.
Let whe or her lawyer give any type of threats in this regard, just do not be bothered about their actions, they cannot legally do anything to harm you.


Q. is whispering will be a proof in audio ? i mean is we can detect the person legally from whispering audio ?? 

Not only whispering, even the loud speaking also cannot be an admissible evidence in the court of law for anything they want to prove against you through such evidences. 




Q. what will be cost and procedure to take anticipatory bell?

The lawyer fee for anticipatory bail will depend on the lawyer you would engage






Q. what if girl or her parents harm  themselves than is there any legal action would taken against me ?

You have to defend yourself accordingly.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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