PROOF OF MARRIAGE

Apart from those 5 grounds of proof you can also check the electoral rolls and pension books and suppose if all those are missing the court can come to a conclusion of the marriage by long cohabitation between the parties but it must also be cohabitation with habit and repute as husband and wife as the court presumes in favor of marriage and against concubinage when a man and a woman have cohabited for a long time.So it ll depends on the nature of the case and the status of the parties living together as husband and wife in the absence of documents as evidence.

Thanks sir.

So in that case if any spouse denies marriage in the absence of any of these documents then court may issue orders of enquiry.

Please correct if i am wrong.

Thanks

Dear Mr Bhaskar,

An application for divorce/RCR can be filed by any one of the spouses either under the provisions of law.

Regarding maintenence, a wife can claim maintenence from her husband u/s 125 Cr.P.C. In addition to that she can also seek maitenence pendente lite and permanent alimony simultaeneously, during the pendency of the divorce case, if any.

So far as the proof of marriage is concerned, Court will seek its proof only if any one of the parties denies the marriage. Other wise proof is not necessary.

Marriage certficate and Marriage registratioon certificate are good documentary evidence in support of marriage. Photographs and videos of marriage are also admissible in evidence. Admissibility of photographs of tours and functions as proof of marriage will depend upon the contents of the photographs, they MAY be of great corroborative value in support of the marriage.

So far as the affidavit of the pandit and spouse is concerned, it is not admissible in the Court as evidence.

If wife deserted 8-9 months ago without any sufficient cause just on the instigation of her mother on legal issues.

Now she is not ready to come back until her undue demand is accepted.

She has written in her 2-3 mails to husband to take divorce and get married again

One day she said she is ready give divorce and ready to sign papers.When husband asked for signing the papers and go to court then she said she will sign papers but not go to court.

What is the option before the husband.

Go for Mediation (She has already denied for mediation)

Which cases she can file after this

Go for RCR (She may defeat the purpose by coming for small duration and go again)

Which cases she can file after this

Divorce on Cruelty (Enough grounds are there like abortion without consent,braking fingre, cut,shouting in presence of relatives,going to parents house on small argument,stopping preparing food, taking care of child, refusing s*xual relations etc.)


Which cases she can file after this

Both have married for the second time and both of one child from the previous marriage/ no child from this marriage. Husband was widower and wife was divorcee.

Husbands net take home salary is 75000 and wifes salary is 20000 and she has deposits of Rs.20 lacs which is took in the 1st divorce.

In above situation do husband need to give maintenance although he is ready to take her back and approached them a number of times though friends,relatives and directly but they are adamant (PROOF IS THERE IN THE FORM OF EXCHANGE OF MAILS SMS ETC.)

PLEASE ADVISE SAFEST NEXT COURSE OF OF ACTION

If you feel that that there is no any chance for RCR, the best option for you is to file divorce petition on the ground of cruelty and desertion, both. All the grounds, as stated by you, amounts to cruelty. Moreover she has deserted you without your consent and has refused to come back to ur conjugal life without any lawfull reason. 

All these are good grounds for dissolution of marriage. If your wife, after recieving the notice from the Court, does not appear before the Court, then the Court will proceed exparte against her and decide the case accordingly.

So my advice to you is to file a divorce petition on the ground of desertion and cruelty. Tis is the best available option. Feel fee to contact me at arifiqbal99@gmail.com

Dear Bhaskar, see my respond and your first query, that is neighbour and relatives.

The main hurdle is many people are saying that she will immediately fiel case for maintenance, Domestic Violance and 498A as she did with her first husband.

Our marriage took place in Mandir with only 50 persons and simple function.I was bearing all the household expenses including fees of Rs.3200 per month for her child (Proof of payment is with me)

She is ready to come only i  adopt her child for which i am ready but not at the moment as she is not behaving properly with me, my child and others.

I am ready to give them in writing for adoption after 1-2 years when relations are normal but they want it first and i fear that once i adopt her child she may file case for maintenance for both. I am ready to invest 7000-8000 per month in the name of her and her child also for financial security although she is already financially safe but they want adoption first.

Please advise what to do ?

Thanks

get  rid of her