what to do ?
Querist :
Anonymous
(Querist) 28 June 2011
This query is : Resolved
hi everyone.
i was married to a girl without knowing to any of our parents and the same was solemonized and registered at register office. i got the certificate and we lived seperate since it will take for our parents to accept our love. but, in between, we got some prob and we are seperate now. she is engaged now to a different person.she has totally hidden all these to him. we did not apply for any divorce and still she is my legal wife. what to do legally ? is there any way that she can deny our marriage ? will she be able to ask for any compensation , during divorce case?
A V Vishal
(Expert) 28 June 2011
You can go for mutual consent divorce without which either of you can face problems in future.
Raj Kumar Makkad
(Expert) 28 June 2011
As your marriage is registered so legally you are now husband and wife and this can create problem in future until you get a decree of divorce. You should talk to your wife and convince her either to seek mutual divorce or an ex-parte decree of divorce on the basis of cruelty.
Guest
(Expert) 28 June 2011
she can not deny marriage with you as you have all the proof. if you want to file the complaint than first collect the proof of the second marriage and if you want to file the divorce petition than you first also collect the proof of the second marriage and than ask to your wife.
Kiran Kumar
(Expert) 28 June 2011
your marriage is registered....if you wish to keep her as a wife then you may go Restitution of Conjugal Rights petition...if she remarries to some other person then it will be a void marriage.
it all depends upon you how you tackle the situation, I ve seen cases where the girl has paid money to get rid of the boy...at present she is trying to commit and offence of bigamy, entire game in your hand to seek compensation and divorce from her....but its a matter of mutual discussion....if she feels threatened she may also take some extreme step.
N.K.Assumi
(Expert) 28 June 2011
If you don't want her to marry other person and wants her as your wife, file a Declaratory suit under the Specific Relief Act, declaring her as your wife.
prabhakar singh
(Expert) 28 June 2011
If you don't want her to marry other person ,file a suit of injunction with interim prayer that she be restrained from marrying any one,unless she takes divorce from you as it will keep you safe from many liabilities that may arise in future.file the
registration certificate in suit.
dev kapoor
(Expert) 29 June 2011
Suit for Declaration lies only when there is some doubt or somebody is denying a right etc.In your case the marriage is a registered one.No declaration for an already valid marriage is required to be obtained from a civil court.Similarly suit for injunction is also not maintainable under Specific Relief Act.If bars the relief of injunction if 'an equally efficacious remedy is available by any other usual mode '.
You have asked " she is engaged now to a different person.she has totally hidden all these to him. we did not apply for any divorce and still she is my legal wife. what to do legally ? is there any way that she can deny our marriage ? will she be able to ask for any compensation , during divorce case?
The answer is simple.(1)She is your Legally Wedded wife until she is Divorced;(2)If a married woman engaged in illicit intimacy with another man,she will be living in adultery & if she marries without a Divorce from her first husband,she is guilty u/s.494 IPC.Besides,this furnishes ample ground for Divorce.She cannot deny Marriage in view of the record of the Registrar of Marriage;(iv)She cannot ask for compensation & not legally entitled to under the circumstances you have mentioned.If you have concealed some facts or exaggerated some,the advioe may work likewise.
