Samay garg 12 March 2019

Getting out of section 9 of Hindu marriage act

One of my friend eloped with a boy without knowing her family background .Later she discovered at her decision was wrong.But the boy family made her marry with that boy and made some legal documents for marriage proof.When the girl family recovered her they took her to theirs home .Before that when the girl was recovered she made the statement under section 164 that she has gone by her own will n want to live wid that boy .Later she faced the real scenario of that boy n his family that his father was mudered n his mother n aunty had committed suicide .Now that boy has filed section 9 under Hindu marriage act but she doesn't want to go and her family also want to marry her in some good family as her age is 28 yrs it comes mandatory for a quick solution to get rid from that crimal boy n family

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3 Replies

Suhail suhail (LAWYER) 12 March 2019

Well at this stage you can contest the case he filed, and until the girl is divorced you cannot marry her any where else.

It ther any possiblity to get a mutual divorce as that would only be fastest, Otherwise he will involve you in litigations. Even if you file for divorce it would be lenghty.

You need get the matter to get solved mutually so as to get rid of this problem at the earliest.

Samay garg 12 March 2019

No Sir as they have malicious intention ,they are not ready to come on mutual platform .Is there any other means to Lodge any case and pressurise them to come on mutual ??

Vijay Raj Mahajan (Advocate) 12 March 2019

Filling the petition under section 9 HMA doesn't mean that valid marriage exists, the woman can always challenge the validity of marriage. You require real experience and intelligent lawyer to handle the case. The Family Court has to be satisfied by sufficient evidence of valid marriage to allow decree of RCR to husband and if he fails to prove the existence of valid marriage, the woman automatically is free to move ahead with proper marriage somewhere else. No need for any decree of divorce is the marriage itself is not valid, mere living together or going through some fake ceremony doesn't make a valid Hindu Marriage.