Need advice on marriage issue

hello,

you must be having a witness.

file a writ of habeas corpus in HC.

regards-

rahul.gogreen@gmail.com

1. Hire an advocate via reference.
2. Pay h/er professional fees.
3. Via h/er send her / her family an Advocate Notice for restitution of your conjugal rights in 7 days upon receiving the Notice failing which you will be constrained to take legal action as per Law.
4. After 7 days if no activity from her / her side then opt softer option and take advocate to her police station and seek help in reunion of couple. The Duty Officer will make phone call and upon enquiry call her / her side to police station and inform her to rejoin you.
5. If she / they fail to comply to request then make a brief petition before local Family Court to grant divorce on grounds of non-consummation of marriage r/w tried facts thus so far put efforts on failing which I have approached Court. Family Court may dismiss such petition on limitation grounds then approach State’s HC and there HC may grant divorce is my view. Also seek restraining Order from trail Court for not allowing her to get remarried while petitions are being heard and same prayer at HC also to be made. These are valid legal pressures you must exert for such blues of her / her side taking such marriage as some kind of social joke.
6. On question of marriage certificate destroyed one can always reconstruct same via duplicate copy or production of witness and more so if she / her side deny the same. On photos being destroyed it is not clear if they were digital photos or prints from negative films? If digital photos then software are available to retrieve from deleted SD card of a digital camera whereas if prints then production of photo shop owner along with bill of prints are supplementary evidence. There would be witness to such marriage which can also be produced. With all these the suit matter becomes question of fact and no male person all of a sudden approaches a Family Court saying I was married to such and such neighbor and unless there is a valid fact that person will not approach Court is my view.
Reason on above advice is that she may re-marry whereas you will always be questioned in society of lack of divorce certificate but Law says such marriage needs to be officially dissolved by an express Order of the Court and not on whims and fancies of party. HCP may not work as she may deny rejoining you then same question of dissolving marriage will remain as HC will not grant under HCP divorce. That is what needs to be plead in case lower Court dismisses and when one party after legal marriage is not ready to give divorce yet wants to remarry without legally dissolving marriage in such short time also by the time you work your way through another 6 months will lapse which is another pleading point. 

Hi Sir,

Thanks for your suggestion, I have question regarding the marriage proof, the photo was digital only, but they have broken the memory card only, i have my 2friends which attended the marriage and usually the certificate record they are not keeping, I have checked with the mandir people. But i have the audio recording of my girlfriend in which she has clearly mentioned that we are married and her parents are forcing her. 

Not you must be having clear idea, let me know what can be one. I am sending legal court notice to her family in 2days. From your point of view what can i do in this case and to move forward.

Thanks,

pratap

1. SD card broken. No issues now.

1.1 Your two witnesses can give evidence. They can offer themselves for examination.

1.2 The audio recording can be produced without tampering.

2. Temple are now-a-days authorised to issue Marriage Certificates as per State Amendments and those Temple's which issues Certificate are required as per State (Amendment) Law to retain counterfoil. It is never heard that they don’t retain one. Double check by sending Temple Authorities an Advocate's Notice to ‘produce one’ or be subject to Legal action as per Law.

3. My advice still remains the same. Here your case is not of denial of marriage, it is going to be a case of seeking divorce from her without completion of 1 year of marriage as she is kept at home without permission to rejoin you and her parents are no more interested to know validity of the marriage which you people did in a temple which issues Marriage Certificate and thus they are exploring fast her marriage prospects soon without seeking valid divorce which is required as per Law atleast for your peace of mind.

Better seek answers from Law n not give answers to your own queries here !

Hi SIr,

This case is of jharkhand state an the temple people has given me the written statement in the recipt which actually they have for taking donation. We didnt have any option to go for other temple as it was near by girl home. Thats why he is now saying that its not possible. 

Anything can be done with the audio tape as it is in her voice only. And my friends are ready for as evidence, that is not a problem.

Thanks,

Pratap