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Amit Kumar (Marketing Excecutive)     23 September 2015

Inquiry and citations for sec 11 hma

Hello to all respected lawyers.

I have a very serious quiry in my case, i married a lady who was divorcee (that i came to know later) in some emotional pressure of her, all of the arrangements of marriage was done by her and the pandit that did our rituals is her known after marriage i asked her now we will register our marriage or i was in favour to do our marriage in Arya samaz mandir, but she told me we will do it later lets do this first after that we will do it. In my foolishness i agreed for this to her, as we were having physical relations for a about a month, i dont want to betray her anywhere in her life but as there was  only two witneess who were present at the time of marriage and i dont have any picture or any proof of our marriage reagardless some pictures in which we were together (but not after marriage). Some days after this she told me i am divorcee and now you tell your parents so we can live together in your house, this was very shocking for me to here that, but still i told her i will try to convince my parents if they will allow us to marry but if they dont allow me to do this then for going furthur with you it might be possible that it may happen to take me this in some serious consideration, then after some days of this i told it at my home and as was her marital status my parents refused our marriage. From that day she start blackmailing me either take me to your house or come to me. Then she told me ok let me talk to your father and it may be possible that they will get convinced. she came to talk to my father and initially requests mmy father we got married on so and so date so keep me in your house as i am a wedded wife of your son, my father told her straight forwardly that i will not accept any marriage if you and my son accept all this things you can took him from my house and now onwards i will have no relation with him also but then she start threating my father if you wont keep me in your house i will file case against your son as he has physical relation with me for sa many times and i just have to file a case and after that i dont need to prove anything. and my father did all the recording of this thing in his camera, after that she left that place. Next day her brother came to meet my father and repeated all the things that they got married and very parents want to make their children happy so accept her as your daughter in law as they did it, yes it is wrong whatever they had done but we have to keep them happy, my father also told him it is not my responsiblity now if you want to take him with you, you can but dont pressurize me for any thing like this (this conversation is also recorded by my father). then she and her brother again get a meeting at my sister`s house and saying alll this things againg that my sister get married to your brother so try to convince your parents to keep her at their home. various times he says that both of them accept this yes we are married i also didnt denied as  in a real way i was married to her. after to creat more pressure on my parents she took some sleeping pills and get admitted to hospital and a local police official came to her for investigation in which she wrote we got married on so and so date at his temple but now his family is not accepting me now so i have to take this action. After about 3 days as i was going somewhere from my house she was waiting for me below my house and start chasing me and suddenly she bumped into my car and start making scene there so i have to call the poilce and i called 100 to call a pcr after that we both we to police station and there police officer listen our statements and wrote a statement that just a quarrel in between husband and wife and it has been now sorted out so both of them can go together and then it was signed by her and her brother and by me and my brother, then she and her brother took me to her house where she lives alone. then she shows her real color and said just bring 25 lacks rs from your father and go where you want to go otherwise, you will be falsely booked under various s*xual criminal sections. i told her i cant give you any money as i dont have and as we did this marriage my father will never give you any money. then she got conversation with someone and start weeping and said sorry for i havnt told you about my divorce so i just want you to take you to your house and we will not be in any touch from today and etc etc. she called a cab and bring me to my home at night about 1 am and went in the same cab. after some days i found she filed a case against me for u/s 376, 377, 506 IPC after that some various applications in session court and high court i got a anticipatory bail from there on the basis of our pictures and police station statement on which her brother and my brother signed, now she again filed a case against me u/s 11 HMA for nullity an void of marriage. 

so my question is that if we prove our marriage in this case then will our marriage got a consideration in any court or it is just a formality kind of case by her. 

I dont know what to do went to various lawyers and advocates everybody just make confuse but nothing else so hoping for your best consultaion over this matter and if lawyer have any citation on this kind of case please share with me and it will be really appreciable.

Thank all of you in advance atleast you read it with your dedication              



Learning

 1 Replies


(Guest)

you cannot prove your marriage in the court because your marriage is not registered in the first place under any law. it is just a temple marriage with no picture to prove. it is not also socially recognsed. if you can crush those 2 witnessess who were there in the temple in cross examination, then marriage will never be proved. you get rid off the divorce case she filed.

 

secondly you are booked under s*xual crimes including rape, gang rape, unnatural s*x, criminal intimidation etc. here you have to prove that you have never have any s*xual relation with her. you should make full use of those recordings your father had done. she thretenned you twice, her borther threatened you, she blackmailed you : you have to show that this is a threatning for money or booking in s*xual crime case. with those recording you can easily show that. also there is no medical test of her showing that she was raped. this may be another weapon in your hand.

 

may i make a personal suggestion ?  do you really love her ? do you realy want to have a family with her ? perhaps she is hurt by your father's  heartless attitude. your father actually insulted her very badly. is it really a matter that she is divorcee to you ?  if yes, then you proceed on the case with my suggestion. but if no, you can take her back, and she will withdraw all cases and both of you have a loving life.

 

think carefully.

 


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