Marriage registration with 498a and DVC cases

Querist : Anonymous (Querist) 29 July 2011 This query is : Resolved
Dear Sir,
I am trapped in false 498a and DVC cases.My wife in filing 498a and DVC cases mentioned my family surname with her name and given complaint on my whole family . She has joined post graduation there she mentioned her father surname and saying all her friends that she is not married. I have asked for marriage registration which she is denying. She don't want to get marriage registered. Her parents are planning to do second marriage to her saying that she was never married.How can I make my marriage registered with these cases on my head. Any petition/request I can file before the court to make my marriage registered???She was granted Interim maintenance in DVC . Can I GIVE CHECK TO HER WITH MY FAMILY SURNAME BEFORE HER NAME??? PLZ answer

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ajay sethi (Expert) 29 July 2011
1) you ahve stated that your wife has filed false 498A case . in other words your wife has accepted the fact that she is married to you .
2)merely making statement to friends that she is not married will not change facts of the case.
3) for registration of marriage both parties have to fill in application form and submit the same with attested photgraphs , wedding card , residential proof etc .
4) without divorcing you she cannot get get married second time .
5) section 5 of hindu marriage act states that marriage cna be valid only if neither of party has living spouse at the time of marriage
6)section 11 of hindu marriage act states that second marriage is null and void
7) in case she marries second time without divorcing you it is an offence punishable under section 494 of IPC

Querist : Anonymous (Querist) 29 July 2011
Sir,
Thanks for your comments..Sir, if wife doesn't come forward for marriage registration what to do in such case??? can we give check to wife with my surname for maintenance plz carify??

M.Sheik Mohammed Ali (Expert) 29 July 2011
yes i do agree expert query reply

Devajyoti Barman (Expert) 29 July 2011
Marriage need not be registered to make it valid nor a party could be forced to get his/her marriage registered.

You better concentrate to give her good fight in the cases at hand than wasting energy on some irrelevant issues.

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