Urgent

Not NRI I am hindu khatri Indian based in India Pls reply n tel me wat cud happen

Thanks a lot for reply. Pls guide about nullity of marriage , following are case details Married 2009 Divorce MCD 2010 Remarried a divorcee girl 2011 Son born 2012 Son ill wife went to her family treatment him 2012 I filed divorce custody2012 She hma24 during case maintenance fixed, I withdrew Mediations she say to come back  We don't want her to come back She files cases 125 498 dv  Now I files nullment of marriage Pls tel chances if win nullment case. And if she wins, wat will then happen I not pay 125 maintenance 2 years now warrants issue but I file quashing 125 in high court. High court date before 125 next date will I get stay if I don't tel court abt warrants n will 125 be able to quash I have resigned job, put blame of losing job on her as I HV proof, she complained my officer of my 498 case so I said I resigned because harassment  Pls help n guide sir My claim is that there were no pheres saptpadi ( seven rounds around fire) Our marriage very simple only 15 family members No sphere in hotel room, only garland, ring manglasutra,sindhoor My claim, we married n cohabilitated because at marriage time, girls family denied this saptpadi ritual in their family, but now just now I came to know this ritual prevails in their marriage, so fraud in ceremonies my advocate assures 1. Hindu wedding not valid without saptpadi 2. Section 7(2) HMA 3 section 12(c) Can I win '. If not, wat happen? Plss guide we have a 3 year old sonPls pls and experts, I need or guidance My advocate says he will prove my marriage void I am listing wat he told me to do,  Kindly advise wat he is trying to do 1. He told me to get RTI from hotel wherein the hotel reply_  ''the room was booked for get together but was amended in register as marriage purpose on or after the day of function(There is actually also cutting, firstly written get together, then cut and written marriage) Wat is this? Is he trying to prove that she forced me to marry or wat?such amendment in purpose of booking is going to help? There were only 15 people in marriage, only family members no outsider, photos of  girl in bride costume, garland, jewellary given etc are there In such situation, what can the wife say to prove marriage had taken place Pls help

 

Hi Victim...

 

You have mentioned that "Plss guide we have a 3 year old son".

 

Your 3 year old son needs his mom as well as you.

 

Please do not hurry for a legal step. 

 

Forget about "saptpadi ritual".

 

Thousands of marriages that were done with "saptpadi ritual" are failing everyday and is being broken into pieces by cunning wives with the help of so called family courts.

 

I think you will have tough time proving nullity and end up paying lot of money to your advocate.

 

Do not file for nullity of marriage. 

 

When your son grows up he will hear wrong stories about you from your wife and you will loose the love of your son and your son will grow without his father.

 

Please pursue and win cases filed by your wife and then try your best to reunite for the sake of your son.

 

Else file divorce by MCD or cruelty grounds and loose your son, wife and life.

 

 

Mr.Victim,

This is the 5th query with the same subject,clarify

Sainath sir, sorry for inconvenience, but I m in urgent need of answer Pls reply

Earlier all the legal experts have taken their precious time and gave U valuable suggestions,still U have dragged the same query into a new one.This will not be encouraged.Can U elaborate the suggestions received earlier.

Man you need to talk to her and resolve the issue, not lawyer, talk to her nicely and resolve the issue..

These days courts are saying you have to pay maintenance/DV valid even if you are not in a marriage, so why prove the marriage is void? you have child so you cant even say you didnot consummate..

Dont worry about the kid hearing bad things about you... that will happen even if you like or not..

 

If the marriage is not registered and the ceremony was not complete, no magalsutra etc..If there are not many neutral witnesses to the marriage.. Technically, the marriage is not a marriage it is just an engagement... In a western world, sometimes there would usually be questions about both your intentions in the ceremony etc but in India judges could be looking for technical points only..

Marriage anullment will get you out of 498a, but I think dv and maintenance may be applied even if you are not married?

I am not a lawyer..

 

 

She has photos of manglasutra ring garland sindhoor ceremonies but not pheta ceremony Now wat?

If the lawyer has seen all these photos and still wants to prove you are not married, you need to change the lawyer.. Hire a better lawyer.. This lawyer will just waste your time money and mental peace..

Do you know anyone he has fought for and won? Of course it's not always winning in front of the judge, it could just be delaying and intimidating the opposite party till they dropout of the case..

 

Thanks a lot

Pls ans last  query

Then wat is written in HMA section 7 (2)

Pls read n tell experts

Phere (saptpadi).. she doesnt has saptpadi,s photos, no proof 

Sir, is the marriage registered? HMA act section 8  says this is proof of marriage... But section 8(5) says it's not compulsory to register..  So if it's not registered you have a technical point, but the opposite party may say the pic is missing for some reasons and her proof that  everything else was done will be good enough for the judge to be convinced. That she is not lying and you are lying.... It is all dependent on the judge, after all they are human beings.. there were some cases recently that judges were bribed.. So the verdict can go anyway on that day..  The judge could have a daughter who had the same case and he could be hating all men..

7 Ceremonies for a Hindu marriage. — (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. (2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. State Amendments Section 7A Pondicherry: After section 7, insert the following section, namely:— (a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or (b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or (c) by the tying of the thali.

Thanks a lot for replying

I am a layman n legal aspects, manipulations i dont know, so want to ask  will amendment of pondycherry be applicable in punjab too.