Divorce is required or not

Querist : Anonymous (Querist) 15 March 2017 This query is : Resolved
Dear Sir, I am 26 years from Bihar working in MNC. My story started 7 years ago when i was just 19. I fell in love with a guy who was 6 years elder to me. He approached my parents for marriage but they denied as I was studying and wasnt in the right age of marriage. One fine day he called me and asked to go with him to a temple for some puja. Unaware of his intentions i went with him but he forcefully took me to Nepal where he married as per Hindu rituals. I was terrified and shocked as he threatened me not to say anything against him as my father had filed a complaint against him for kidnapping me. In the court I did as he said. Since he threatened me that he will bring harm to me and my family. I said yes He did not kidnapped me but I went with him on my own. Later, he never took me to his family and I never met his family members. Even this guy went away for some purpose and I was not aware where he went like it's been more than 3-4 yrs since then I was not having any contact with him , he never visited me nor he tries to contact me. Later I went to live with my family and was studying . All of a sudden he came to my home and asked me to live with him. I told him there was no legal marriage happened between us . We never had any court registration I.e court registrar marriage neither we have our photos

But now he is asking me to divorce him. I asked him on wat basis,shall I divorce you, he says on the basis of the statements that I gave in court against my parents.my questions here is .... Whether on the statement which I gave in court on that bases am I married to this guy?? Because I gave that statement under pressure and threat .�Does the issue even qualify for a divorce. ? I asked him to give me the proof of marriage. He told me to go nd get it from the court statement where I said I'm his wife ... My question is whether that statement made me his wife . ?? Because we never went any court for registered marriage and even that temple marriage has not happened in India ? Kindly help me with your response so that I will further proceed accordingly.
Thank you

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Ms.Usha Kapoor (Expert) 15 March 2017
yOUR MARRIAGE IS NON EST AND VOID AS COERCION OR FORCE WAS EMP0LOYED TO MAKE YOU HIS WIFE.HE CAN BE PROSECUTED AND PUNISHED FOR BIGAMY UNDER SECTION 494 IPC.FILE A COMPLAINT WITH THE POLICE.

Ms.Usha Kapoor (Expert) 15 March 2017
yOU CAN FORMALLY FILE A PETITION FOR DECLARING YOUR MARRIAGE AS NULL AND VOID FOR THE REASONS THAT AT THE TIME OF CO0NTRACTING HIS MARRIAGE WITH YOU HE HAS ALREADY A WIFE LIVING AND FRAUDULENTLY HE CONCEALED THE FACT AND HE APPLIED FORCE OR COERCION TO MARRY YOU. SO YOUR MARRIAGE WOULD BE FORMALLY DISSOLVED. YOU CAN FILE A POLICE COMPLAINT UNDER S/494 ipC AS ABOVE SUGGESTED BY ME.

Adv. Yogen Kakade (Expert) 15 March 2017
No reply to anonymous query.

Kumar Doab (Expert) 15 March 2017
AQ, NO reply.

Rajendra K Goyal (Expert) 15 March 2017
No reply to query from an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

Sudhir Kumar, Advocate (Expert) 15 March 2017
I f you have really gone through a ceremony and made a statement in court that you are wife then the registration/photographs etc are not relevant. You are wife.

for all the 7 years you made no petition for annulment on account of fraud or coercion (which as per your description doe snot appear to be there)

Dr J C Vashista (Expert) 17 March 2017
No reply for anonymous author.

Ms.Usha Kapoor (Expert) 03 July 2018
I stick to my above views.

Divorce is required or not

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