Ashrita Shri 28 July 2015

Marraige and marriage dispute

Dear Learned Lawyers,

I am a married lady married over six years back. I am a hindu girl from panjab. A muslim boy from UP married me over six years back in arya samaj mandir in punjab. he married me without the knowledge of his family, however when i informed my family before marraige first they opposed but later after marraige when i informed my famliy they disconnetd all relatios with me and after that i have never met my family.We were given the certificate and in that certificate my name as hinu and his name as muslim is there. all rituals were performed even i have vedio and photo albums. we were living since than alone in punjab, he use to go at his work for weeks and use to stay with me as husband. I was always living with him as his wife leaving my entire family, however he alwys meet his family members in UP. I alwys insisted him to go to his family to meet me to his family as his wife. but alwys he rfused to disclose the facts over his family as 1. his family will angry 2. if his muslim family and muslim community will know the fact, his family will face the difficulties in the marriage of daughters. In the mean time i got pregnant and he aborted me saying that its not the time for kids so we will have kids after i manage my family.

time passed, now all her sisitrs are well married. however five months back during some enquiry i came to know from some of his friends that he has got the married with one muslim girl with muslim laws (nikah). wen i came to know i met him got angry and opposed and asked the reason. initialy he tried to manage me saying i will have both as it is. but wen i refused he decided to leave me. after that he is tring to kill me with the intention to show my killing as suicide. two times he has managed to kill me. once he brought poison and said both will suicide once with another means. both times i understood his intention so he failed. he left our flat then and he transfered our flate to his brother name. after this he and his brother came entered the flate and beat me, on this police came but he fleed.

now he has clearly said that he will never live me anymore with me. they are saying to me to give only some compensastion and forget all.

i dont have not mony so cant afford legal services. so need some clarification.

1. is this marrige illegal and fraud.please advise me.

2. what complain i can file agiant this fraud and cheet.

3. after a long time like after six month will i have same remedy under complaint.

4. as he said, that he will file for divorse, if he file for divorse, after thyat my complaint will be acted upon or not by police and court.

5. if he try to kill me and arrange someone to kill me how i can defend me.

5. please advise me properly in my case..

i will be grateful for yu learnned ;awyers.

thanks in advance

ashrita shri

ambala, punjab............................

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1 Replies

prabhakar advocate (advocate) 28 July 2015

@Ashrita Shri, I feel so sorry for your harrowing experience. Even if you do not have any money, you can go to District court and there District Legal Services Authority will be there and there you have to file an application seeking the legal aid and an advocate will be provided to you free of cost, because the legal fight before you is very, very long and very tiresome. After that prelude, I answer your questions:

1. is this marrige illegal and fraud.please advise me.

The marriage is not valid. Arya Samaj marriage can be solemnized only between two hindus. So, when a Hindu and a non-Hindu marries in Arya Samaj marriage, the management there conducts a conversion programme. But in your case, that has not been happened, as his Muslim name shows that he has not been converted. So, the marriage is illegal and fraud.

2. what complain i can file agiant this fraud and cheet.

As it is a fraud foisted upon you, it is not simple 420 cheating. It is more than that. What fraud he has done in the eyes of law? His cohabitation with you from the date of fraud marriage with physical relationship is no less than "rape" under Section 376 IPC -fourth descripttion. I will quote the section for your reference - "A man is said to commit "rape" who has s*xual intercourse with a woman "with her consent, when the man jknows that he is NOT HER HUSBAND, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married". The punishment for this is minimum seven years and maximum life imprisonment. You have to file a complaint before the police under this section with the help of a good advocate, you will get it as said above. In addition to this, for forcefully aborting the child also, you can file Section 312 IPC.

3. after a long time like after six month will i have same remedy under complaint.

In the case of rape, you should file the case immediately after you come to know that the marriage happened was a fraud one.

4. as he said, that he will file for divorse, if he file for divorse, after thyat my complaint will be acted upon or not by police and court.

Divorce is not required in this case, because the marriage from the very beginning is illegal, void ab initio (legal term that no marriage took place)

5. if he try to kill me and arrange someone to kill me how i can defend me.

While filing the complaint in police station against rape, you should also mention this fact that there is a threat to your life. In addition to this, you can file domestic violence case. Even though the marriage was not solemnized according to law, it is treated live-in relationship. the court will grant you maintenance and also protection orders. The protection orders prohibit him to contact you either personally or through any one. I say that even though the marriage is not valid, you will get maintenance under domestic violence Act and some other Acts.

But, it appears that you are still hoperful that you can resume married life with him. As long as you are in such dilemma, then it is very difficult for you to get legal help. So, get your confusion cleared and take legal action.