A was with B in a conjugal relationship for 2 years (without the knowledge of her parents)and B has changed her name to BA. She has given affidavit of maariage. She also changed her address to A's addressing him as her husband In her voter ID, PAN card, AADHAR. She also held a bank account as A's wife till now. due to some unknown reasons(intention to marry someone?) she is alleging that all the documents were forged by A. She has also filed complaint (Not FIR) in SP office that A is harassing her , when A tried to communicate for goodwill. A sent those documents to her parents and then again she filed complaint that he's continuing to harass. though none of documents were forged , she accuses him of it. he's the proposer for her bank account. she now is trying to revert the changes in those documents without my notice, She has sent middle man asking A to write and give nothing happened between them and all documents were created by 3rd person. A still thinks he's married to her and wants her. But her act of complaining to police has greatly disturbed his peace. Kindly advise how to defend the complaint she has filed and also suggest how to screw her legally, without much collateral damage .
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1) is the marriage registered?
2) if not do you have wedding photographs , wedding invitation card ?
3) file for divorce on grounds of mental cruelty
4) filing false complaint against husband amounts to mental cruelty
4) if wife does not contest divorce proceedings you will get exparte divorce in period of one year
1. There is a dichotomy in the thoughts of the querist in the query itself. A still wants B but wants to screw her also legally. These two may not go together.
2. A was never married to B even if he thinks so. For claiming that he is married to B, he should have solemnised his marriage with B socially, religiously and/or legally by registering his said marriage which he has not done so far.
3. Declaration or writing of B in PAN Card, Voter ID etc. does not make A the husband or B and vice versa. They are just living in partners in the eyes of law.
4. If now B wants to stay with or marry someone else, A can not raise his objection for that legally.
5. A can contest the allegation leveled by B against him bringing the charge of forgery and also file a criminal case against B u/s211 of IPC for lodging false complaint against him.
1. Since she has alleged forgery of documents by A she has to adduce evidence of it. If and when the FIR gets lodged against A he should apply for and obtain anticipatory bail to preempt his arrest and detention.
2. The onus to prove the allegations is on her.
3. The live in relationship in this case is certainly of the nature of marriage as both partners held themselves out to the society as husband-wife.
The A can now comfortably come out of the relationship with her immediately.
If she has made known that there was no marital relationship between them then he is at liberty to chose his own path from now on.
There shall be problem only when she claims anything from him, since she decided to part her ways with him, A should actually show a green flag to her instead of lamenting over this undeserving issue.
Since there was no marriage between them there is no claim for that hence let them both part ways peacefully by withdrawing the alegations against each other.
Marriage not registered.but filled up marriage registration form along with affidavit exists. All the documents were signed by B. B WAS using a bank account AS wife of A. Two months ago she has given a cheque which bounced and the party has filed case against B w/o A. Since B is accusing of forgery and harassment she wants A to give in writing that no relationship existed between them and all documents were forged by 3rd person who's unknown. Even B will give the same in writing. Can A file complaints of forgery by B as his wife, impersonation, cheating A as his wife, cheating someone by telling them she's A s wife, creating false documents, now filing false complaints
Has marriage been solemnised or not
2) please note that non registration does not affect validity of marriage
3) A should not give anything in writing that all documents were forged by third person
4) if there is no valid marriage that has taken place then A can file police complaint against B for cheating, fabrication of documents
The impersonation and cheating offences cannot be forgiven if it is evidently proved to have been done by her
You can initiate suitable action for that type of offences including cheque bounce cases.
When there was no marriage neither it was registered then there is no question of marriage between them.
1. The live in relationship was of the nature of marriage even if the marriage was not registered.
2. If A gives anything in writing it may foreclose his legal remedies under civil and criminal law.
1. Filled up form for registration of marriage along with affidavit is not considered as registration of marriage in the eyes of law.
2. Yes, A can not under an circumstances claim that B is his wife but can certainly lodge police complaint or file criminal case against B for her illegally and dishonestly claiming to be A's wife and also for illegally creating documents like PAN Card, Voted ID Card etc. falsely mentioning A as her husband.