family issue

Querist : Anonymous (Querist) 24 December 2010 This query is : Resolved
dear sir, i married a banjara community girl on 1.10.2010 .it was a love marriage through arya samaj.i have the marriage certificate and the cd of marriage and the letter she wrote to me before marriage stating that she wishes to marry me and wants to come to my house.she left her house and came to my residence. her father came to my residence searching her and tried to break the grills of my house.as we both were not at home hae failed to take her back.but the same day we married at arya samaj mandir.due to insufficient documents we could not register our marriage in court.on 19.11.2010 as she was not well and wanted to meet her father i send her to my inlaws with my maternal uncle.we both planned that if her parents disagreed to send her back i would get the police help and take her back.she went to her father's house.she phoned me for two days.one day she told me her father does'nt want het to come back with me. and the next all the phones were off.i was confused.i tried to contact her but all in vain,i had to go to the police as per our plan .but due to some confusions the plan failed.as omeone told me they would lodge 498 on me.i did not go there on time .i published the marriage photos advertisement in lokmat newspaper on 24.11.2010.her brother called me and threatned me of dire consequences stating he would kill me.i was shocked. still i went to the police station in her fathers area.police over there told me they already received a letter from my wife that i kidnapped her and took her in my custody but i had all the letters she had written to me and the photographs of our marriage, i showed them all the documents.the police over there came to the conclusion that i was innocent.at the same time they called my wife to the police station where she refused to come back with me .but there was full setting of the police as her uncle himself is a police and it is thgeir local area. her father was in the same room while the police was questioning her.i could see the pressure on her.the meeting was mere of 3 minutes.i could not talk to her.i was fully disturbed so i again called to police inspector for another meeting and offered him bribe for the meeting he would arrange for me.on 18.12.2010 she was called in thge police station where she was ready to come with me and was just to give her final statement in written.but as i told her uncle who is police in the same station intervened and started confusing her in my presence , he called her brothers in the room .her brothers started pressurising her stating her fater was not well and so on.she was in a gimmick and gave a final statement of staying with her father.dear sir i am confused how to meet her . i need her councelling at the earliest.and i am doubtful of her pregnancy,her father may miscarriage her . and threat to her life.i need her councelling at the earliest.please let me know how can i meet her legally.and one more thing she stayed with her parents for more than a month in so much time they definately have diverted her mind against me.i know she wants to come with me but the family is pessurising her.what can i do.please help me out.can i claim any offence against her father and her family.i am doubtful her fathe may marry her .to stop him from doing this what can i do sir.

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Adv. Satyendra kumar chauhan (Expert) 24 December 2010
There are two basic things you have not mentioned.
1. is the girl major or minor ? major means 18 years old. if she is then you have not to worry much.
2. was there any witness at the time of marriage. if there are witness then you have not to worry about proving marriage.
now comes the question of registering marriage so it is not essential to validate or invalidate yours marriage. it is the rituals all the rituals which will make valid or invalid yours marriage i,e. saptsadi and all these kind in hindu marriage.
now here comes the question of custody of yours wife so if marriage is performed with all rituals required for a Hindu marriage and apart from these if you can produce witness and photograph regarding proof of your marriage then you can file a petition under section 9 of H.M. ACT.

yogesh (Expert) 25 December 2010
I think you should seek the help from the court
If you can approach the ADJ Court for restitution of conjugal rights

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