• Love marriage without registration

Hi, I was in relationship with my lover since 2009. Then we got married(using mangal suthra) witness of few friends on 2-apr-15. But we didn't register it.  Both of our parents was not aware of that. Later my husband inform to his parents that he is in relationship with me and want to marry me with their permission. He didn't tell them that we got married already. So his parents are not ready to allow him to marry me.later he started listening his parents word and  saying we will seperate since we didn't register our marriage. Now he got engaged with another girl as per his parents instruction. So I have applied for restitution of conjual rights. But I have only our marriage invitation as proof of our marriage.  I don't have our marriage photos. My friend who has attended my marriage are ready to witness.  But my husband replied to the court that this is fake case. Please help how can I deal this case anymore. And only the marriage invitation can be consider as married proof in court.
Asked 4 months ago in Family Law from Salem, Tamil Nadu
Religion: Hindu
1)non registration does not affect validity of marriage 

2) if marriage is not registered wedding invitation cards , wedding photographs are sufficient to prove that marriage has taken place

3) mere wedding invitation cards is not sufficent to prove the marriage 

4)  Section 7 of the Hindu Marriage Act says that (1) a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto; and (2) where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

3) you can examine witnesses present at time of marriage to prove that  marriage was solemnised with your husband 

Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Absence of registration of marriage does not make it illegal. Your marriage is valid for all the legal and practical reasons. If your husband remarries without obtaining divorce he shall be guilty for the offence of bigamy which carries an imprisonment of up to 7 years. 

2. The marriage invitation card can be led in evidence in the court, but in the absence of marriage photos it will be difficult for you to prove your marriage.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
I am sorry to say that your case is weak,as family court accepts marriages that has been performed as per rituals & customs prevailing in the community /society. However, the marriage will not be considered as complete till satpadi(seven steps) are taken in presence of sacred fire. 
2.you should try to procure as many evidences as possible including photographs of marriage to substantiate 
Sushil Jha
Advocate, Patna
161 Answers
1 Consultations
5.0 on 5.0
Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. To be eligible for marriage, the minimum age limit is 21 for males and 18 for females. 

The present stage your relationship is likely to be say a living relationship.It is a living arrangement. So you have to prove that either  your marriage is done by ceremonies and customs of marriage or you are Live in Relationship.

In a petition between Payal Katara and Superintendent of Nari Niketan, Agra, the Allahabad High Court on 4th March 2002 came up with a bold judgment by stating that anyone, man or woman, could live together even without getting married if they wished. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Rigistration of a Hindu marriage is no compulsory. But the marriage should be performed as per Hindu rites and customs. However your having marriage invitation card. You depend upon marriage invitation card and as well as your frieds as witnesses. You can also call the priest of the temple and other people related to the temple if the marriage was performed at temple. He has admit marriage with you, then he will save him self otherwise you can also file criminal cases before concerned police station for cheating, dishonest intention,  rape , Nirbhaya etc., if he doesn't accept you as a wife then it will amount severe criminal consequences.
Lakshmi Kanth
Advocate, Hyderabad
230 Answers
2 Consultations
4.8 on 5.0
Dear Querist
You have to prove your marriage first and the witness is sufficient to prove your marriage which was solemnized  by using Mangalsutra, remain it is depend on the court and objection of opposite party, if he is not ready to accept you as your wife then you may file a criminal case against her(if there is any physical relationship between you and him which is based on this marriage) for rape U/s 376/493 of IPC.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Marriage invitation card can be printed later on also,

2. Marriage invitation card with old postal stamps affixed thereupon will be an evidence that he had invited people for his marriage with you,

3. Your friends's witness will be of high importance to prove that he had not only invited them but also married you before them,

4. with the limited evidence you have you shall have to stress on sharp arguments basing on the said evidences to prove your allegation/claim about your marriage with your husband. 

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) call recordings are admissible in evidence 

2) also send letter to husband commanding officer that how your husband married you and has deserted you and is now planning to remarry 

3) move court and seek injunction restrain g husband from contracting second marriage 

Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. The call recording can be led in evidence in the court to prove the marriage. There is nothing navy can do in this..

2. To stop your husband from remarrying without obtaining divorce, you may file a suit for injunction.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You have the call records i.e. the records that you had made telephone calls to them or records of the conversations you had with them?

2. If you have the audio recording of the stated conversations you had with his parents, then it will be considered as an excellent evidence in support of your claim that you are his legally married wife,

3. You can send the copy of the plaint of RCR you have filed against him  to  his commanding officer,

4. You shall have to file a petition before the same Court where you have filed the RCR case, praying for an injunction upon him restraining him to conduct any further marriage with a third person before the disposal of the RCR petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
The wedding invitation card and the witnesses who attended your marriage shall suffice to establish your marriage.

If your husband is stubborn in getting married to another girl then you may move police station with a criminal complaint for the offences of cheating, bigamy etc.

This will make him to tumble down to compromise or the fear o getting arrested and to become popular thus. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
The call recordings will not help you but you can send an application to his unit commander stating that this fellow married you and fled away by cheating you.
This will have a good impact.
The Indian Navy will certainly come to your rescue provided you convince them of your plight with documentary proofs.
You cannot stop that girl from contacting him.
However you can stop the marriage at the time of solemnisation by informing police about the marriage proposal  in advance and also about his intention to chat you.
You can rope in the witnesses that stood during your marriage with him.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0