Divorce from secret marriage in arya samaj temple

sonia sharma (Querist) 19 September 2016 This query is : Resolved
My brother is 32 years old and he had done secret marriage to his classmate of other cast in arya samaj temple 4 years ago. He hid this to our family but that girl's family knew. They neither lived together nor had any physical relations. But now secret was revealed and my parents don't want to accept their marriage. My brother want to take divorce but that girl is not ready to give. If we go for divorce procedure how much time will it take? Can this marriage be cancelled? If Mutual consent divorce is not possible then is it possible to take divorce in conseted divorce form?And can she claim for maintenance?

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Raj Kumar Makkad (Expert) 19 September 2016
As the marriage has not been consummated so it can be got annulled under section 12(1) of Hindu Marriage Act.File the petition accordingly.

sonia sharma (Querist) 19 September 2016
Thank u sir for the reply. I read the section 12(1) but there is written if no consummation due to impotency. In this, both are not. They did arya samaj temple marriage only in certificate. No mantra and phere were done at that time. Certificate was issued to convince their parents. They never consummated. Can still we put section 12(1)????

Guest (Expert) 19 September 2016
Ms. Sonia,

Not a good proposal!

If your brother is ready to pay her maintenance charges till life, in the absence of mutual consent divorce application, he may try for contested divorce.

Guest (Expert) 19 September 2016
Also forget about non-consumation, as that is the headache of your brother to prove.

sonia sharma (Querist) 19 September 2016
Thank u Mr Dhingra. But we are not ready to give any maintenance as it was a fake marriage according to us as well as they lived separately since the fake marriage. Is there any easy way or legal point in which we can easily take divorce from her whether she is not ready?

Sudhir Kumar, Advocate (Expert) 19 September 2016
" But now secret was revealed and my parents don't want to accept their marriage."

SO ARE THEY WILLING TO BE IN JAIL?

Sudhir Kumar, Advocate (Expert) 19 September 2016
"My brother want to take divorce but that girl is not ready to give. "

DIVORCE IS NOT A JOKE.

WHY SHOULD SHE BE READY.

Sudhir Kumar, Advocate (Expert) 19 September 2016
"If we go for divorce procedure how much time will it take? "

YOU HAVE SO FAR NOT STATED ANY SUSTAINABLE GROUND FOR DIVORCE.

लगे रहो, तलाक तो सच्चे कारण पर आसानी से नहीं मिलता यहाँ. तो एक Mama's boy मजाक में शादी कर बैठा और कायरता से तलाक चाहता है.

You are asking how much time divorce will take. You should rather ask WHETHER AT ALL DIVORCE IS POSSIBLE.

How much time you can torture her?
It is not legal question a question of astrology.

Sudhir Kumar, Advocate (Expert) 19 September 2016
"done secret marriage to his classmate of other cast in arya samaj temple 4 years ago. "

WHAT IS SECRET MARRIAGE. NOT READ THIS IN LLB EXAMINATION.

Sudhir Kumar, Advocate (Expert) 19 September 2016
"They neither lived together nor had any physical relations."

SO WHAT THE MARRIAGE IS COMPLETE3 AND BINDING

IRRESPONSIBILITY OF HUSBAND IS NOT HIS VIRTUE THAT HE CAN ENCASH.

Sudhir Kumar, Advocate (Expert) 19 September 2016
"Can this marriage be cancelled?"

मजाक है क्या ?
फिल्मी शादी है क्या?
४०० वर्ष पहले जी रहे हो या तालिबानी हकूमत वाले अफगानिस्तान में?

Sudhir Kumar, Advocate (Expert) 19 September 2016
"No mantra and phere were done at that time. Certificate was issued to convince their parents."

MARRIAGE IS BINDING

EVEN SIKH / BUDDHIST MARRIAGES ARE BY DIFFERENT RITUALS BUT BINDING UNDER HMA .

Sudhir Kumar, Advocate (Expert) 19 September 2016
"But we are not ready to give any maintenance as it was a fake marriage according to us as well as they lived separately since the fake marriage. Is there any easy way or legal point in which we can easily take divorce from her whether she is not ready? "

FIRST OF ALL THE MARRIAGE IS NOT FAKE.

IF IT IS FAKE MARRIAGE THEN YOUR BROTHER SHOULD BE A ARRESTED ON THE CHARGE OF ATTEMPT TO RAPE BY MAKING HER FALSELY BELIEVE TO BE HIS WIFE.

AS FAR AS MAINTENANCE IS CONCERNED THAT COURT KNOWS HOW TO EXTRACT (EVEN IF THERE IS NO DIVORCE).

Sudhir Kumar, Advocate (Expert) 19 September 2016
All the girl has to do is to allege that she is not being accepted because lack of dowry.

Your entire family can run from pillar to post to get bail and then ask whether they can get (or retain) govt job?

Forcing her to live separately is itself an Act of Domestic Violence.

Sudhir Kumar, Advocate (Expert) 19 September 2016
what is your caste

and

what is caste of girl.

JUST TELL WHETHER GEN/SC/ST

THIS IS RELEVANT FOR FORMING FURTHER VIEWS.

Guest (Expert) 19 September 2016
Ms. Sonia,

Everything, including law and judges, can't go by your family's wishes or discretions.

Better accept her willingly.

Raj Kumar Makkad (Expert) 20 September 2016
Mr. Sudhir! Why to start so many threads against the single query?

Guest (Expert) 20 September 2016
Dear Shri Makkad,

Why to waste plenty of time in search of several sources, why not from a single source, if that can easily be manipulated to earn 30 scores at a time?

Rajendra K Goyal (Expert) 20 September 2016
You said:

But now secret was revealed and my parents don't want to accept their marriage.

Ans:

Marriage is valid, does not differentiate whether your parents accept or not.

You said:

My brother want to take divorce but that girl is not ready to give.

Ans:

Contested divorce is the way left in such case.

You said:

If we go for divorce procedure how much time will it take?

Ans:

Contested divorce may take 3-5 years or even more with no certainty.

You said:

Can this marriage be cancelled?

Ans: Cannot be cancelled.

You said:

If Mutual consent divorce is not possible then is it possible to take divorce in conseted divorce form?

Ans:

You can proceed.

You said:

And can she claim for maintenance?

Ans:

Yes.

Sudhir Kumar, Advocate (Expert) 20 September 2016
Some queries are such that each sentence requires separate application of mind.

Some persons like to be told short and crisp expressions like essays of Francis Bacon.

I have not at all suggested amicable solution (as I normally suggest) to this queirst as it can be understood that the family is committed in brewing trouble.Such like persons should go ahead and be an example for the society.

Rajendra K Goyal (Expert) 20 September 2016
You said:

we are not ready to give any maintenance as it was a fake marriage according to us as well as they lived separately since the fake marriage.

Ans:

If they claim, maintenance cannot be denied. Marriage was legal and not fake. Status of marriage would be same till court decide otherwise, irrespective of the fact that they may have lived together or not.

You said:

Is there any easy way or legal point in which we can easily take divorce from her whether she is not ready?

Ans:

Try for Mutual Consent Divorce.

Rajendra K Goyal (Expert) 20 September 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Divorce-from-secret-marriage-in-arya-samaj-temple-616956.asp

Sudhir Kumar, Advocate (Expert) 20 September 2016
Till now no ground of dirovce is stated by her.

Raj Kumar Makkad (Expert) 22 September 2016
Why the issue of repeated query comes in the knowledge of experts when we get it appropriately attended in various threads?

Raj Kumar Makkad (Expert) 22 September 2016
Why a new thread should be started after every sentence? Are other experts mad who reply in he same thread using many sentences?

Rajendra K Goyal (Expert) 01 October 2016
Most respected learned expert raj kumar makkad ji,

Whether using more than one stances / times in thread while replying is the sign of madness?

What are other sign?

Excuse possible, if commented on others / telling them even mad by using more than one stance / time / thread.

Does not feel good for the comments from such senior expert.

Unable to understand / digest what made you to use such harass / disgraceful wording.

Raj Kumar Makkad (Expert) 01 October 2016
Respected Rajender ji! The word mad was used by me just for myself and not for any other expert especially who have adopted the style to reply the queries in the mode of 'extension' in as many as posting as they can.

I can never think to use such word against wise persons.

Can I humbly ask from your good-self that except gaining maximum points, what other benefit is to reply in such a way?

I think it not only confuses the innocent authors but also other experts and necessarily wastes time to read those replies in that mode.

We have also learnt a wise lawyer need not to make a lengthy pleadings rather it should be concise.

Anyway, I again repeat that word 'mad' was solely and exclusively used by me for myself and even then if any other expert has also thought the same used for him, I do hereby apologise from that person or persons.

One humble submission-Can experts mutually fix certain things like:

1. Whether to reply anonymous query?

2. Whether first to find out whether the query is repeated and if found fresh, then to attend or first reply in many postings and then for one more post to intimate him that this query is repeated and in one more posting to show the links of his earliest threads?

3. Whether to attend commercial query?

4. Whether to intimate the author that you have been advised by experts....

5. Whether while endorsing someone, to go upto extent to personal comments about each other may those be in praise or otherwise?

6. Whether a old query which stands resolved a long time ago, be revived again without any activity of author?

7. Whether to pay thanks to the expert endorsing one's advice, if yes, then to what extent?

This list is not exhaustive but I have raised certain questions which demand a reply from all of us experts.

I hope all experts shall pay heed and shall try to seriously reply these queries and everyone is also free to add or subtract the queries for the common benefit of all of the experts.

Rajendra K Goyal (Expert) 02 October 2016
Most respected learned expert raj kumar makkad ji,

You have mentioned:
The word mad was used by me just for myself

__ Sir, you have replied in the same query in 4 threads, word can not be for you.

You have mentioned:
Can I humbly ask from your good-self that except gaining maximum points, what other benefit is to reply in such a way?

__ Again humbly say that what benefit I would get in collecting maximum points? Till date as a matter of principal, I have not taken a single case / rather declined through / in reference to this site. As a matter of hobby I am at this site. No other gain of any kind. I humbly declined to show my phone no. with my name when call received from admin. At this age, not interested to / and will not gain any benefit from this site.

You have mentioned:
I think it not only confuses the innocent authors but also other experts and necessarily wastes time to read those replies in that mode.

--- Humbly request, please to adopt and set example than to hope from any others .

Rajendra K Goyal (Expert) 02 October 2016
Most respected learned expert raj kumar makkad ji,

Humbly I add, I always tried to be humble at this site, never tried to dictate anything, never tried to be a police man, headmaster, what to talk of experts but even to authors also and also hope in turn to enjoy similar treatment from others.

Regards,

Kumar Doab (Expert) 02 October 2016
Senior Expert Mr. Rajendra K Goyal,

Your observations and objections are true and truthful.

A handful of seniors have been committing transgressions without any concern for dignity,self respect, status, dedication, sincerity,contributions of other experts.

The scathing comments have gone to the extent of indecorous, disgraceful, defamatory,pinching personal attacks, on other experts.

There is no dearth of experts that have contributed maximum with the meaningful,relevant and illustrated contribution but have to face insult from a handful of experts.

This has become intolerable.

Kumar Doab (Expert) 02 October 2016
Admin,

Kindly do not delete this thread.

This matter has to be concluded logically forever.

Sudhir Kumar, Advocate (Expert) 02 October 2016
I agree with Mr Kumar Doab.

This thread need not be deleted.

Such like persons in society needs to be displayed in order to justify the relevance of pro-wife laws.

Rajendra K Goyal (Expert) 02 October 2016
Thanks expert Kumar Doab and Sudhir Kumar ji,

Most respected learned expert raj kumar makkad ji,

Kindly mention what benefit I can get by getting no. of posts.

I am not taking cases, my health does not permit.

Not aware of any other benefit LCI extends for no. of queries replied.

I am unable to understand what has inspired for such comments,

Guest (Expert) 02 October 2016
Experts please, my request is, aapas mein tamasha na banao toh achchha hai.

If you have some material difference in use of language by some expert/s, please make use of PM to settle that, not through open forum.

Rajendra K Goyal (Expert) 02 October 2016
Respected expert P.S. Dhingra Ji,

I agree with your comments, still unable to digest such comments, I have clarified my position.

I am on this site as hobby, not to gain anything, if it create hindrance in gains of any senior expert, I apologize.

Guest (Expert) 02 October 2016
Rajendra ji,

None of the experts are gaining anything intrinsically through the LCI. Our intention is just to help the needy persons with our knowledge.

But, I regret to point out that according to my estimate not more than 5% persons come for help with their real problems. Others can well be judged to have posted only academic queries to seek answers to their law school exercise or to harm others with the advice of the experts.

According to my views, even the present query is of the academic character without any real background behind the story of the author. But some experts flooded the page with several of their answers apparently for a specific reason, instead of limiting their replies to make a single or two of the to-the-point answers.

So, why to make that a point of open discord to lose reputation to that extent even before the presenters of false problems?

Kumar Doab (Expert) 02 October 2016
Senior Expert Mr. Rajendra K Goyal,

It is not just failing health of an expert, but that is dignity,self respect that also matters.

Despite dedicated, sincere, meaningful, illustrated contributions of other experts, it is handful of some experts that lodge deliberate, pointed, repeated personal attacks on fellow experts.

Kumar Doab (Expert) 02 October 2016
Expert Mr. Sudhir Kumar,

The thread is remain open not just for conduct of author that you have pointed out.

The thread is to remain open for conduct and comments of experts that is to be logically concluded, forever.

Kumar Doab (Expert) 02 October 2016
Senior Expert Mr. Rajendra K Goyal,

>>> The comments of P.S.Dhingra, addressed to Raj Kumar Makkad can not be ignored:

"Dear Shri Makkad,

Why to waste plenty of time in search of several sources, why not from a single source, if that can easily be manipulated to earn 30 scores at a time?"

Which meter P.S.Dhingra, Raj Kumar Makkad have attached to this thread and other threads to count the score?

Who has given such meter in their hands?

Why the score has bothered them at all?

>>> Who has given authority and prerogative to Raj Kumar Makkad to post;

"Why a new thread should be started after every sentence? Are other experts mad who reply in he same thread using many sentences?'

Kumar Doab (Expert) 02 October 2016
There is an all out effort by handful of such experts to ask the authors and querist to contact them at their locations and addresses, email id's, phone numbers.

LCI is place to do business for such experts.

Guest (Expert) 02 October 2016
Mr. Kumar Doab,

Don't worry, I am not bothered at all, even if you make 100 entries against a single question. About meter, you very well know, what meter has been fixed by the LCI for various activities of the participating members.

So for keeping the thread open, you are free to keep it open even for years together. I or anybody else would be least concerned about your wishes to do so.

Best of luck, you may continue at your sweet will.

Kumar Doab (Expert) 02 October 2016
Such handful of experts do to think twice to type their Bhashan, pravachan, lectures for others experts.

They do not want enriching discussions and purpose it serves.

By their own unjustifiable imagination they have been rejecting the queries and indulging in all out effort to discourage meaningful posts by other experts.

They want to retain the un-explainable cult figure they have cut for themselves at LCI, in past years.

The point is how many experts have stopped posting at LCI?

Guest (Expert) 02 October 2016
You are welcome to start tutorial even.

Raj Kumar Makkad (Expert) 02 October 2016
The score earned by any expert in past is not based upon manipulation so there is no need to decorate and equate with the way some experts are doing.

It is also true that I am not authorized by Admin to be a police/parvachankar/bahjanik/updeshak or any other way to teach the experts.

If anyone thinks that I have gained anything monetary from this site, is also a liar. I am in service of State of Haryana as Deputy Advocate General since December 2014 and prior to that was in practice in a remote District HQ wherein the cases through this site/querist was out of imagination. Even if I have shown my cell no. and mail id, the same is also just to invite further queries even when I am off the site.

Everyone has a right to reply the query he wants. None has a right to enforce a particular way.

The author has to be benefitted this or that way.

When it was found that just for increasing the gain, a race has started by some experts in illogical manner then a question was put 'whether those experts are mad who reply the query in one post using many sentences? This was not designating anyone mad rather it was asked but even then it was taken other way.

I have no force even to make others understand my view if those have already decided not to listen from my side.

Though I was desiring that we experts may exchange our views to frame a Model Code of Conduct for experts to tackle such issues but if my other expert brothers have no care and regard and they have sole desire to find their name at to be of Hall of Fame as soon as possible then I immediately leave this site from today itself so that my those brothers may reach at top and only thereafter if my health and circumstances may allow, I may join.

I feel extremely sorry and beg their pardon who feel offended by my words. I also pay thanks and regards for Senior Experts like Dhingra Sir, Vashishtha Sir, M V Gupta Sir and may others who time and again have taught me a lot and have timely cared for me. I also pay thanks to hundreds of authors who have thanked me on being satisfied with my replies. I also pay thank to Admin of this noble site who gave me a chance to serve the masses through my little knowledge on law.

You all experts are heartedly welcome at my hospitality as and when any of you visit Chandigarh.

Good Bye Lawyesclubindia Family.

Guest (Expert) 02 October 2016
Makkad ji,

I have already stated that no expert is gaining anything intrinsically through this site. Rather the admn may be earning Rs.499 each time, as and when some querist would click on the link, "CLICK TO TALK," as have been placed along with the ID of several experts. The fact is that the admn, never tried to share even a single paisa with the experts, while the querists would be thinking as if the money goes to the experts. That can never be expected from the admn.

Anyway, experience should not in anyway be savoury for the experts.

Rajendra K Goyal (Expert) 03 October 2016
Most respected learned expert raj kumar makkad ji,

1. You could have acted a bit your advice before demanding from others. eating Gur saying others not to use as bad for health.

2. what object would be covered by Model Code of Conduct, when suggesting personality is bent not to follow.

3. Hall of Fame - Seems your internal feelings are speaking.

What benefit would be there by coming on top?

Rajendra K Goyal (Expert) 03 October 2016
Also agree with the views expressed by the expert Kumar Doab ji on the issue.

Kumar Doab (Expert) 03 October 2016
You are forgetting that the so called score has been an issue in the past as well.

You are also forgetting that the so called Hall of Fame has been an issue in the past as well.

Thus it shall be futile and erroneous to claim now that the score in the past was not manipulation.

All said and done it is true that admin of LCI has its own moderators to give score and maintain 'Hall of Fame'.

If anyone is in 'Hall of Fame' without meaningful contribution; he/she may be removed.

I had gently declined the offer for 'Featured Member' and was never opted for 'CLICK TO Talk' and I am not in 'Hall of Fame'.

The monetary issues if any, are to be settled with admin.

The core point is the attack by some experts on majority of the experts is to STOP.

Earlier the Better, it is.

Admin of LCI has maintained a rule and a conduct that may be re-read.

Each expert is free to contribute, cite,illustrate , as suitable and deemed fit.

We are born and brought in a culture that
teaches to respect elders,seniors, aged ones and we have always respected seniors and sided with seniors.

This forum is for sharing knowledge, nothing else.

No one, anyone can frame his/her own private and personal rules and ask anyone else to not to post.

Guest (Expert) 03 October 2016
Although I have befitting replies to your notions, but still I have already stated that you are free to make as many as posts against a question and keep the thread open even for years together. You are win the race without any hurdle, whatever may fit within your perception.

However, I may say, the term "featured member" is not what you believe. 'CLICK TO Talk' has no relation with featured members.

Kumar Doab (Expert) 03 October 2016
P.S.Dhingra,

You have not been posting befitting reply.You are grossly mistaken.

You are simply hellbent on littering nuisance further and further and not willing to be apologetic ever to anyone.

The matters posted in this thread and others where you pounce on others experts with your sickening comments: are not Notions.

I have asked you in other threads to stop with your provoking conduct, approach and attitude.

You have stopped making any contribution in threads at LCI.

Finally you need to stop as far as I am concerned.

Finally: Hope the good sense shall prevail upon you and you will agree to spare me from your tantrums.

Guest (Expert) 03 October 2016
You are welcome again.

Any way, you may live with your own perceptions. May be only you can be the person, whose replies can be deemed to be befitting!

Guest (Expert) 03 October 2016
You need not get infuriated. Rest assured, I am ready to adhere to your Bhashan, pravachan, lectures for me, whatever that be.

Dr J C Vashista (Expert) 05 October 2016
Respected Experts,
It is my humble request to all the members/ experts on this platform to be very kind enough to stop such comments on each other, it is damaging, unethical and not in good taste.

We are here to help needy litigants by sharing our personal knowledge on the subject matter, which enriches other experts as well, as per rules of the site
.
Thanks and Warm regards.

P. Venu (Expert) 10 October 2016
Yes, there has been a crisis in making. I trust this has been resolved. It is my considered opinion that similar situation could be avoided in future if we are absolutely honest with ourselves in admitting that though called experts, we are sharing knowledge and are gainers than contributors.

Guest (Expert) 10 October 2016
No comments.

Divorce from secret marriage in arya samaj temple

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