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ashish lal (Advocacy)     12 October 2010

proof of marriage

There is a girl. She is 12th pass. Three years ago she got married to a man who turned out to be a drunkard. In Feb,2010 the husband died. As she was young, both, the girl's and also boy's, families decided to get her married to her husband's younger brother. The marriage took place in a temple, not an Arya Samaj Mandir, and there is nothing in writing. The younger brother i.e. her second husband consummated the marriage. After 2 months of marriage second husband started ignoring her. She came to know that he is having an affair with a girl. Husband's family is also asking her to give divorce. Husband has hidden the marriage photographs somewhere. How can she prove her second marriage?



 10 Replies


(Guest)

any witnesses?

ashish lal (Advocacy)     12 October 2010

only girl and second husband's parents

Kirti Kar Tripathi (lawyer)     13 October 2010

whether any ceremony of marriage i.e. saptpadi  took place in second marriage. if requirement of saptpadi was performed, then marriage is valid, you can produce wetnesses of , parties, their  parties, purohit and other friend and relatives. 

chanakyam (Consultant)     13 October 2010

Is sapthapadhi is only the proof for Hindu marriage?  If spthapadhi is not there, then the marriage is not valid?

Kirti Kar Tripathi (lawyer)     13 October 2010

Than prove custom preveiing in your community.

Guest (Guest)     13 October 2010

For what purpose she wants to prove her second marriage?

ashish lal (Advocacy)     13 October 2010

The boy is planning for second marriage.

Guest (Guest)     14 October 2010

She has got two options. First, if she  is confident that she can prove her marriage with the boy, she can get stay order against the second marriage of the boy.  If she is not confident for that, she can threaten the boy and his parents for the charge of rape (S. 376) or Section 493 (A man by deceit causing a woman not lawfully marriedto him to believe that she is lawfully married to him and to cohabit with him in that belief) )10 yrs. imprisonment, non-cognizable and non-bailable.  For all this, a shrewd advocate's assistance is required to the woman.

1 Like

swatirswatir (learning law)     14 October 2010

gud advice by prabhakar

Kirti Kar Tripathi (lawyer)     14 October 2010

under the present circumstances, Prabhar 's advise is appropriate


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