challanging arya samaj marriage under section 12 hindu law
Ritesh Mulchandani
(Querist) 05 August 2009
This query is : Resolved
i have done love marriage via arya samaj mandir ujjain(m.p.).my wife stayed with me at my residence & we have also sexual intercourse after marriage.but her parents were against us.after 2 months she had gone to her parental house & does'nt come back to me.under pressure of parents she filled a suit in family court under section 12 hindu law.In the plea she says that she does'nt marry with me at arya samaj on 02/06/08.She has done only ring ceremony on 15/06/08 & the documents shown by me i.e.marriage ertificate & photos are prepaered by fraud.She says that she does'nt give valid consent also.After it i filled a suit under section 9 against her.But she denied to be marry with me.Her father also lodge fir against me.So please suggest me for further procceding.Can digital photos can be admmitted as evidence in the court as i have a cd of photos.Her parents are trying to done second marriage of her.How Can i get a stay on her marriage.Please help me.
Regards
Ritesh Mulchandani
+91-99264-24060
charudureja
(Expert) 05 August 2009
Mr. Mulchandani
Arya samaj marriage is a valid n legal marraige prvoided all the ingreidients of sec 5 m sec 7 Himdu marriage have been complied with.
in ur case as u said she is denying the fact of maaraige under pressure then u must be having the certificate of marriage issued by the arya samaj mandir and the pandit who conducted ur marriage n the persons present if any at ur maariage can be the witness who can tell that the girl was nt under pressure whn she marraied u.
2ndly u the photographs of marraige are ur evidence if they r original n not tempred with in any form.
she went to her parents home after 2 months of living with u in that period u should have registered ur marriage which is essential condition for a valid marriage.
by challenging in the court her second marriage n proving with the help of documents u can get a stay on her 2nd marraige
Kiran Kumar
(Expert) 05 August 2009
Charu Madam has given good reply.
as usual she is quite good in matrimonial matters.
as far as the criminal case is concerned that can be quashed if u r able to show it out to the investigating agency that u married legally.
in ur S.9 petition u can summon the Pandit etc, as the witness and the signatories to the ccertificate as the witnesses.
ur wife might be under some sort of pressure from her parents.
digital photographs are admissible in evidence as electronic documents are admissible under S.65 A of Indian Evidence Act....provided are not tempred with.
Ritesh Mulchandani
(Querist) 07 August 2009
charu madam thanks for ur suggestion but she is telling that all the documents & photos are made fraud & trick photography.She is not giving valid consent for marriage & never goes to arya samaj for marriage.I have a doubt that her parents are triying to done her marriage again.in this condition on what basis i can get stay & how.please reply
