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(Guest)

Pre-marital & post-marital precautions???

Dear Lawyers,

 

I am going to get married to a girl from different caste who i met from matrimonial site. But her family members are not going to give permission to marry me or to anyone as her mother has some issues to have her younger daughter married before elder sister. So we are planning to get married on our own as my family is also not willing to participate as the girls family is not willing to participate. The girl is willing to come with me and get married to me and settle with me. Before the marriage I am having a private agency to perform a Pre-Marital check for her and her family. If that comes positive then I will go ahead with the marriage.

Now the question is:

1. What kind of precautions should i take to acquire evidence to show that the girl has come on her own will and interest in sound mental condition to rule out the doubt of forced marriage claim from the girls side.

2. Along with the marriage registration what kind of mutual declaration or memorandum of agreement should I take from the girl so that she or me have no claim to property or money of each other in case of filing a divorce case or criminal cases on each other.

3. What procedure is available for Post-Marital periodic check performed by an official to see the welfare of the married couple to keep record of the well being of both me and my wife. Which should be a valid evidence to present in court in case any dispute of divorce or criminal case filed on each other to prove how far we have lead a happy married life. To rule out any claim of Dowry Harassment and DV Act or 498A case.

Please advice as soon as possible as time is running out. Thank you for your help in advance.

Please Note: I am a divorcee and I have already gone through the cases of 498A, DV, Dowry Harrrasment and was made to pay to get divorce from my ex-wife.

Kind regards,

Naveen.



Learning

 4 Replies

Tajobsindia (Senior Partner )     30 October 2014

@ Author,

 

1. What kind of precautions should i take to acquire evidence to show that the girl has come on her own will and interest in sound mental condition to rule out the doubt of forced marriage claim from the girls side.
Take: None works till she says as and when case cometh to Court floor that she is living with you out of her own free will and free consent. However in short when the moment of truth comes only TRUST works.  


2. Along with the marriage registration what kind of mutual declaration or memorandum of agreement should I take from the girl so that she or me have no claim to property or money of each other in case of filing a divorce case or criminal cases on each other.
Take: If a well drafted pre-nuptial Agreement gets sanctity of jurisdiction Court then nothing like it. Try seeking that first. 


3.
What procedure is available for Post-Marital periodic check performed by an official to see the welfare of the married couple to keep record of the well being of both me and my wife. Which should be a valid evidence to present in court in case any dispute of divorce or criminal case filed on each other to prove how far we have lead a happy married life. To rule out any claim of Dowry Harassment and DV Act or 498A case.
Take: At present nothing (no remedy available) except 24X7X365 CCTV recording of couples activities both in private (toilet to bedroom etc.) as well as in public (cinema to work etc.) spaces. If you can ever achieve saving such utopian footages read with pre-nuptial agreement having court sanctity, then one is (may be) safe from future adverse allegations of mentioned Family Law are some of my views.


[Last reply]

IKGoyal Advocate (Legal)     30 October 2014

Your case is doubtful. You are worried for unseen happenings. यह सही है कि दूध का जला छाछ फूंक-फूंक कर पीता है ।But these matrimonial sites are like marriage brokers ( वैवाहिक दलाल ) . Their interest is to extract money from your pocket. Beware ! If yoi have developed relations and feelings for the girl, you may marry her. After your so many quaries turns out to be otherwise, all your contract will be useless. Be careful !

T. Kalaiselvan, Advocate (Advocate)     02 November 2014

The precautions which you propose to take should have come to you by experience, however since you do not want a recurrence of past bitter experience, you may vent out your expressions to a good lawyer and draft all the issues as an agreement and get it signed by her before getting married with her. However, you may note that such agreements are ultimately not enforceable by law.

SuperHero (Manager)     05 November 2014

Every one has to gone under go the fruit of the past thoughts and actions -- Karma Theory...

Love, Good Behaviour(Character), Trust and Respect should be there between the husband and wife...

As mentioned by Kalaiselvan sir's advice..u may try to follow it...


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