Inter -religeon marrage- habeas corpus -restitution of conjugal right
shaik ahmed
(Querist) 18 December 2012
This query is : Resolved
Inter-religion
Boy-Muslim
Girl was Hindu (converted is Islam before marriage)
We married on 12 jun 2012 as per Muslim rites ,registered with ap govt qazi and a.p state wakf board they issued marriage certificate (both are majors). as the parents of girl against the marriage: we decided to reveal about our marriage at a later stage to the parents . but they came to know and all family have shifted to their native place from their unknown place. After trying all ways. Filed habeas corpus in high court . my wife was produce by police with their family. But they girl denied that she got married. And stated in police statement and in court.that I have taken her sign on a blank paper and a photo in month of march for the per-pose of job in march (where as our married on 12 jun 2012). High court disposed say that as girl stated that she is staying with their parent willing. Habeas corpus don’t lie, and petitioner is at liberty to avail the remideies open to him under law.
Then filed suit for restitution of conjugal right in under section 7 of family court act r/w sec.26of c.p.c rule 1.
Prove of marriage:
Marriage certificate
Certificate of embracing of Islam
Marriage booklet
Copy of affidavits
Video and photos,
My question
1 . can she change statement that she got married want divorce now.( she denied in high court in habeas corpus case)?
2. can family court make me to give divisor to her( I don’t want give divisor )?
3. if she denied again that she married in court what would be consonances for her?
4.how long this case will run?
ajay sethi
(Expert) 18 December 2012
once confronted with documentary evidence she will have to admit the marriage .
even if decree of RCR is passed you cnat force your wife to stay with you
it is in your interest to go for divorce by mutual consent .
if you refuse divorce the case will go on for some years atleast in mumbai
R.K Nanda
(Expert) 18 December 2012
contact local lawyer.
adv. rajeev ( rajoo )
(Expert) 18 December 2012
If she wants divorce she has to file divorce petition.
Disposal of the case depends on the pendency of the cases in the court.
shaik ahmed
(Querist) 18 December 2012
IF SHE FILE DIVORCE PETITION; ON WHAT GROUNDS SHE CAN?
ajay sethi
(Expert) 18 December 2012
depends upon facts of case . she may file it on grounds of cruelty
shaik ahmed
(Querist) 18 December 2012
thank sir.
can court avail me to talk with her (personal). as their parent still hiding her and them self.
shaik ahmed
(Querist) 18 December 2012
what should be my approach in this case as i don't want to lose her. i have tried to contact her and her parents. to solve this issue. even i don't know, where they are now ?
and can i travel abroad, as i work in Saudi whiles this case processing.
thanks for your replay and suggestion
Sudhir Kumar, Advocate
(Expert) 18 December 2012
Please read the pots of Mr Sethi. RCR will not help you but compel her to file more cases against you. If she filed dowry case then you are in thick soup although she had by and large close d the option by denying the marriage. You already gained nothing out of heabus corpus
1 . can she change statement that she got married want divorce now.( she denied in high court in habeas corpus case)?
Ans : without knowing the consequence anyone can deny statement.
2. can family court make me to give divisor to her( I don’t want give divisor )?
Ans : If she admits marriage only then can approach family court and if she has a valid ground the family court will not compel you to grant divorce but would rather grant divorce under The Dissolution of Muslim Marriages Act, 1939.
Given facts clearly indicate that you are not getting her.
3. if she denied again that she married in court what would be consonances for her?
Ans That depends upon your handling of case.
4.how long this case will run?
Ans : Your luck.
Raj Kumar Makkad
(Expert) 18 December 2012
That girl has already denied her marriage with you before high court so the scope on her behalf to file any case against you as husband has already ended. Her stand shall also remain same even if you file any case against her.
The base of marriage is mutual consent and trust and if this basic thing is missing, mere papers cannot do anything and you cannot expect a married life with her in the given facts. Better to give her Talak as per Islamic law.
shaik ahmed
(Querist) 18 December 2012
Sudhir Kumar: she already denied that she married and i have all proves.
Marriage certificate
Certificate of embracing of Islam
Marriage booklet
Copy of affidavits(written in her hand writing)
Video and photos,
in police statement she stated that she is not in contact with me for march 2012.and false statement that i have taken a sing on a blank papers and a photos. matter of fact is... affidavit which buy on 12 jun 2012, has on hand writing that she marring with her will. thump imp-ration , and photo cross thump imp-ration. and video to prove all this thing. as i know even i can file criminal case against her. for dining for marriage. miss -leading low of court
The Dissolution Of Muslim Marriages Act, 1939
(i)husband have not been known for a period of four years;
(ii)husband has neglected or has failed to provide for her maintenance for a period of two years;
(iii) husband has been sentenced to imprisonment for seven years or upwards;
(iv) that the husband has failed his marital obligations for a period of three years;
(v)husband was impotent at the time of the marriage and continues to be so;
(vi)husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
(vii) that she, having been given in marriage by her father or other guardian before she attained the age of fifteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated:-
(viii) that the husband treats her with cruelty, that is to say,-
(a) habitually assaults her or makes her life miser- able by cruelty of conduct even if such conduct does not amount to physical ill- treatment,//she should stay with me before.
(b) associates with women of evil repute or leads an infamous life,//she should stay with me before.
(c) attempts to force her to lead an immoral life,//no force at all
(d) disposes of her property or prevents her exer- cising her legal rights over it.// no demand of money even have im ready to give her 1,11,111 rs as mahar
(e) obstructs her in the observance of her religious profession or practice,// she her self embracing in Islam
(f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qoran;/// as i dont have wives
on this grounds court can dissolution marriage. but she denied her marriage completely. section i,ii,iii,iv,v,vi,vii(as both above 20years old)
,viii(a,b,c,d,e,f)does lie.
Raj Kumar Makkad
(Expert) 18 December 2012
You can definitely file criminal case an civil cases and can also prove your marriage on the basis of documents in your hand but you are ignoring basic question deliberately to which all experts want your attention.
shaik ahmed
(Querist) 19 December 2012
thank your for moving my attention on this.
one more question:
can i travel abroad, as i work in Saudi, whiles this case processing.
V R SHROFF
(Expert) 19 December 2012
YES, YOU CAN TRAVEL
Raj Kumar Makkad
(Expert) 19 December 2012
There is no legal hurdle as on day to pose any danger in your traveling as desired.
Sudhir Kumar, Advocate
(Expert) 19 December 2012
You have :-
Marriage certificate
Certificate of embracing of Islam
Marriage booklet
Copy of affidavits(written in her hand writing)
Video and photos,
Whether her claim or not having married been contested before High Court? On the basis of these papers?
You can file criminal case.
You can also file RCR.
But practicality is that you are not getting her.
Good luck
In case high Court has not adjudicated upon the eixstance or non-existanc eof marreiga you can agitate in the court of law as per liberty given.
