(Guest)

Hindu Marriage - Garland Exchange

Hi,

My name is Kiran and I work for a financial organization at hyderabad. I was in a love affair with a girl for the last 2yrs and we got married at temple by exchanging garlands in presence of the priest and a couple of my friends. Both, my parents and the girl's parents were not aware of our marriage till last month as we thought of convincing them later. I could inform about our marriage to my parents and they supported us.

But, recently we had decided to move to some other city as the girl's parents were trying to get her married with some other guy and she wasnt able to tell them about our marriage. The girl's parents came to know about us and I recieved a phone call stating that the girl's mom sufferred with heart attack and we had to return back. I dropped the girl at her parents house and since then there is no communication between us. I recieved a threatening call from the girl's relatives stating that I should no more interfere with the girl's life and if I do so, consequences would be severe.

I decided to move legally and filed a complaint with the police department and later on filed a habeas corpus petition in the high court as the police didnt respond. The high court, after hearing my voice got convinced and gave an order to the police department to start the investigation and produce a report within a month. Kudos to the high court for giving such an order. Now its been close to 40days that i'm unaware of the girl's whereabouts.

Here are a few questions I have,

1. What if her parents get her married to some other guy in the meantime? All i'm worried is if my marriage is valid.

2. Since the girl has been under her parents custody, what if she says that she doesnt know me at all? The local police has already warned me that I'll have to face consequences if the girl says anything against me.

3. What if the local police gets a false report against me? Will the police be produced in the court for cross examination?

4. Will I be allowed to talk to the girl for a few mins before they produce her in front of the judge? Because I would like to understand her situation before presenting her in front of the judge.

I would also like to understand if this case if really complicated and if I need to take any steps further.

Note: We got married at a temple by exchanging garlands and havent taken any photos because taking photos was prohibited at that temple. Only the girl and my friends is the proof of marriage. All I was able to submit to the court was a few emails, chats and air tickets (we travelled to a number of places after marriage).

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5 Replies

Tajobsindia (Senior Partner ) 19 August 2013

Originally posted by : Saikiran Arveti

XXX

Here are a few questions I have,

Observation: It takes a brave man to demote marriage, that most hallowed of Indian institutions, with all its 'thali-tying' and 'garland exchanges' as mere "formalities" for the "satisfaction of society". Hon'ble HC admitting HCP itself shows we must march on where it is seen “Andhra morality” have been battling patriarchy and Brahmin orthodoxy for decades.

1. What if her parents get her married to some other guy in the meantime?
Take: The second marriage when challenged will be null and void in eyes of Law and parents can be roped in as abettor including her second husband if your sides witnesses sing right tunes as and when such challenge filed in a Court of law.

2. Since the girl has been under her parents custody, what if she says that she doesnt know me at all?
Take: It is very much possible. Pray to your GOD that she does remember all those 'quality time spent together' and 'confidence' they may generate in her to bond with you against her parents forced will.

3. What if the local police gets a false report against me? Will the police be produced in the court for cross examination?
Take: No. HCP has very limited role in instance nature of facts; whether she is confined without her free will or not and/or if she consideres yourself as legally married husband of hers and free willing to go with you, these are limited questions this HCP may answer.

4. Will I be allowed to talk to the girl for a few mins before they produce her in front of the judge? Because I would like to understand her situation before presenting her in front of the judge.
Take: No. However a request can be made to Hon’ble Bench under non-hearing yet visible distance accordingly.

5. I would also like to understand if this case if really complicated.
Take: The outcome is purely based on the lady’s ‘utterance” to the two questions Hon’ble Bench asks in such nature of case.

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(Guest)

Thank you very much for clearing a few things. I really appreciate it.

(Guest)

Agree with tajob...

A love marriage never succeed where girl went against her husband. So,just pray to god that she sticks with you even during the time of court proceedings & Pressures.

Your case depends on her Yes or NO.

(Guest)

As stated in my initial post 15 days back, The HC ordered the police to investigate the case and produce a report in a month. But, no police has come to my place for investigation. Not sure if they had gone to the respondents for recording their statements, etc. The one month period which the HC has given to the police is over. What should be my next step in this situation wherein the police is not responding?