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About marriage certificates


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P.V.S.GiridharMR. GIRIDHAR – LEGAL CONSULTING

P.V.S. Giridhar is a legal advisor and expert in Civil, Criminal, Writ Petitions, Family Law, Human Rights Law, Service, Labour & Consumer Law, Law relating to Medical negligence, Property Title & Registration, Contracts and Agreements, Intellectual property right and Preventive Legal Solutions. Post your queries on legal consulting here.

Name:Ram  Age:32  Gender:M  Place:USA 

Q:Dear Sir, Last year I got married to a French Citizen ( who born and brought up in Pondicherry, but after 18 years, she moved France and got the French citizenship.) I registered my Marriage as she is also an Indian and living in Pondy. I did not register Marriage in Special Act. Is that marriage certificate a valid one? Or is it an invalid? or void? I could not get the answer anywhere, so reply me.

A:If you were married under the special marriage act, no further ‘registration’ of the marriage is required.
If you were married under hindu, muslim or Christian law, mere non-registration of the marriage does not invalidate the marriage, if the marriage is otherwise legal. You can get the marriage registered at any time after the marriage.
Indian law does permit marriages between Indian citizens and foreign citizens. Non- registration of the marriage does not invalidate the marriage.

Name:PRASHANT  Age:28  Gender:M   

Q:sir, i m married for the past year and half. i m not having talking terms with my wife from that time only as after only i came to know she is not possesing the degree they told us (it was fake) and then we diagnosed to have cox seems to be small problem but after that the kind of attitude she is having and minute minute things in a family matter had us in a rediculues space leaving no place for us to be happy or even normal. believe me we are not talking sir for year by now. i / she had tried to resolve but after certain amount of disscusion we both come to a onclusion that nothing be done. we are not even sharing our bed also apart frmo one or two time in the very start of marriage. i am we both want to get separated but may be because of hassels of divorce or whatever we may not is taking a right decision right time. please suggest me.

A:As a first step seek joint professional marital counseling to see if you can make the marriage work. It is unfortunately quite common in India to lie in order to get children married. But merely because your wife and her parents lied to you about the one instance need not be a ground for you to decide that the marriage will not work. Perhaps you could find some other basis to sustain your marriage.

Since you are both not interested in the marriage, perhaps you can get a divorce by mutual consent. You may have to approach a lawyer to help you with the legal procedures. A divorce by mutual consent would take between 6 and 18 months. You can decide the terms of the divorce including financial settlements with mutual consent.

Name:SitaMani  Age:37  Gender:F  Place:Chennai 

Q:Dear Sir, We are a 37-year old couple married since past 2.5 years. My husband has a daughter from his first marriage. It is my first is now 11 years old. We want to adopt a child. Can we adopt a girl child first? I am keen on a girl child. My is staying with my in-laws. We all were staying together till recently, I and husband are living separately since past 4 months. My in-laws did like that I was getting close to the girl. Only I am supposed to make her study, nothing else they like. So, now even does not respect me much, especially after they talk bad about me in front of her.

My QUESTION is this: Now that I want to can I adopt girl child first? Then boy-child, since my husband wants a boy. Please answer, as we would like to adopt soon. Thank you very really appreciates.

A:there are problems that step-mothers must face, mainly issues of trust, responsibility, vulnerability and possessiveness. It will take time to sort out – much longer than 2.5 years in many cases. A good counselor can help you come to terms with the situation, and also adapt to it.

I must appreciate you and your husband for the wonderful decision that you have taken to adopt children. Certainly nothing prevents you from adopting a girl and a boy. You must go through a recognized adoption agency. Chennai has some very good institutions. They will evaluate your household and your capabilities, and give you a six-month period to judge your suitability to handle the children. One good institution that I am aware of is the karna prayag trust. They will be able to clear any further doubts that you may have. Their address is:  10, Raja Krishna Road,Teynampet, Chennai 600 018. 
Tel : 91 44 435 5182 / 433 0164 Fax: 91 44 434 4332 
E-Mail : chatnath@vsnl.com

Name:Ramya  Age:30  Gender:F 

Q:Dear Sir, Kindly advice on this personal issue of mine. I want a divorce from my husband as i have been in an abusive relationship for past ten years. I have a 3 and a half yr old daughter…He is a very immoral fellow. I want to take out my child of this dangerous situation and want a divorce…I’m personally suffering a lot of mental trauma. How can i get a divorce easily? 

A:a. a divorce has to be applied for in a court of law that has jurisdiction over the place of marriage, or where any incidents in the marriage took place, or where he resides.

b. you would have to file the petition for divorce on any of the grounds provided for divorce in the law according to which your marriage was solemnized. Adultery is a ground for divorce, but anti social activities such as theft or lying may not by themselves be grounds for divorce.

c. there is no ‘easy’ way to get a divorce. You would have to go through a legal procedure which may take a minimum of 18 months in the case of a mutual consent divorce.

d. I would suggest that you and your husband seek professional marital counseling to see if you can make your marriage work; or at least, in the interest of your daughter’s welfare, you can separate amicably. I would require further information, including a personal discussion with you on the issues before I can advice you more effectively.

Name:Barin Chatterjee  Age:33  Gender:M   

Q:Respected Sir, I am an Indian origin and a UK born and UK citizen, got married with an Indian citizen in India under HM Act subsequently our marriage was registered in India. Now what happens is my wife goes with me to UK on spouse visa, gets an employment
Comes back to India and files a divorce suit against me on all imaginary grounds and a suit for maintenance were filed by her. Girl’s intension was to get a visa into UK and an employment here in UK. Now my query is what happens if I don’t defend case filed against me in India? Can the decree to be passed in India be executed against me in UK? Secondly, if I can a decree of divorce, can that be executed in India? I am told India is not a party to Hague Convention, in such a decree passed in either country cannot be executed either in India (the UK one) or in the UK (the Indian one). What happens then?
The law/courts in India are anti-men? Shall ever be grateful. Barin Chatterjee. 

A:If you do not appear in the divorce case, a decree of divorce could be granted ex-parte in India, which would have effect in the UK. You have said a ‘suit’ for maintenance. If it is filed as part of the divorce proceedings, and an ex-parte decree is passed against you, ordering you to pay maintenance, you will have to pay it, failing which criminal proceedings may be taken against you for contempt of the court. Courts in India can compel arrest and production of contemnors in whichever jurisdiction they reside. If on the other hand, the maintenance proceeding has been filed under the Criminal Procedure Code, you may be arrested and produced before the court during the trial. Though procedures exist, they are not resorted to on a regular basis. The first step may be to engage a lawyer in India to peruse the documents issued to you and advise you.

It would be best for you to initiate a dialogue with your wife, if necessary seek joint marital counseling, to see if you can settle the issue amicably.

Name:Tushar Mankeekar  Age:31  Gender:M  Place:Pune 

Q:Denial of Fathers rights to meet daughter by wife and in-laws? My wife and her parents are restricting me to meet my 10 month daughter, Wife has very short temper and fights on small issues and visits her parents house for months avoiding access to my child, We are at good terms for almost 90% time but rest 10% is getting worse day by day leading to physical abuse nowadays, she is too possessive. I want to go for divorce but they are not cooperating at all, now she has went for marriage of her brother for at least one
and restricting me to meet my daughter and bring her home for at least 2 times a week, can i file any police complaint that?, Do father has any legal provision for that in India?. I don’t want to adopt any illegal ways. Please can u help me?

A:Certainly fathers have a right of access to their children. I assume you are saying that since your wife is staying away, you are not able to meet her. Perhaps you could go and visit your wife and your daughter at her parents house. It may be good for you and your wife to seek professional marital counseling. Your counselor may be able to convince your wife of the ill-effects of her manner on the child. Such issues can escalate if left unattended.

If your wife physically restricts access, it may be necessary for you to seek an order from the court under the guardians and wards act.

Name:Nitin Sharma  Age:36  Gender:M   Place:delhi 

Q:I need divorcee and charges please from mine wife as she represented an plain A 4 size one depicting only and only her living address mine living address. She is living in address bought by mine father and named on her name. And i am living with my father
Parents old home in Delhi. She is a nuisance. ON some pretext she keeps on blaming me wrongly. Now we are separate more than year. She wants divorce and we have an child 5 years of age now 6. And she says give her divorce. Should i give divorce and what documents should be seen legal ones to check the papers are ok from mine wife’s side. Do i have any claim the property been bought and secretly named on her name by mine father? I had initially bought it on token paid 2 lakhs and other been done by my father. So now value of the property is gone up it was my i dead and they did wrong. On mutual
House for sale to go in for divorce? Will she claim anything from me other wise after divorce. She is working in a company private. Is with her parents. Without telling me they took my child son to her parent’s home. Fees paid by mine father? So u can mine trust and honesty is in danger and they have wrongly taken advantage of it. It was all planned one.  

A:whether you should get a divorce or not is something you have to decide. I would suggest that the first step might be for both of you to go to a professional marital counselor to see if you can settle your differences and make your marriage work. If you are not able to make the marriage work, it may be in the best interests of your child, and of yourselves to agree to a divorce by mutual consent on terms decided mutually.

If the house is registered in your wife’s name, she is entitled to the property, unless you are able to prove some fraud committed by her.

Since the child was born to you and your wife, you both have the responsibility to maintain her/him. It would also be in the child’s interest to co-parent him/her, meaning that you both spend quality time with the child.

You could seek a divorce on any of the grounds provided for divorce in the act according to which your marriage was solemnized. In order to study your wife’s documents, I would recommend that you take the documents to a lawyer practicing matrimonial law.

Name:Sachin  Age: 28  Gender:M  Place:Mumbai 

Q:Hello Sir, I am married man and currently separated from my wife for more than a year. Ours was arranging marriage. Due to family problems, rather due to her father’s problem, she could not cope up with me. Recently, she filed for a compensation money and
For alimony in a court, Bardoli, Gujarat, under IPC 125. I would like to have suggestions. Please reply me, and or give me email ID so, I can give you full details of the case and have a suggestion and advice from you.

A:I believe you mean Sec. 125 of the Cr.P.C. which provides for maintenance to be sought from a husband. The proceeding is a criminal proceeding and you should treat it as such, appearing when summoned before the court,  engaging a lawyer who is competent to deal with the case, filing your counter on time etc.; failure to do so may result in a warrant being issued for your arrest to compel you attendance in court.

It may also help for you to invite your wife to joint marital counseling to see if you can settle the issues in your marriage and make it work – more so, since you believe that if she were not influenced by her family, then your marriage might work.

I practice at Chennai. You may contact me directly at indlaw2k@yahoo.com, though I must inform you that direct online consultation would require a preliminary consultation fee. Further discussions would be charged in accordance with the research and effort that goes into your case.
 
Name:privacy  Age:26  Gender:F 

Q:Sir, I my marriage life is not going well and we are planning to part ways. We have a 4 year old son whom husband is ready to give me. It is more of his wish to part and there are some mistakes from my side which also me incompatible for him. So what and all I have to see for when I go for a legal divorce. What financial benefits i can him. How to ensure the legal possession of the kid will be mine always. Kindly help me  

A:a. despite the tone of your query that indicates that you have decided upon divorce, I would be failing in my duty if I did not urge you and your husband to seek professional marital counseling. The counseling may help to save your marriage, and if that fails, it may certainly help you to seek an amicable divorce, perhaps on mutual consent. You have your son to think about. Your son would also benefit if the divorce were amicable, and you could maintain a relationship that would help you both to co-parent your son successfully.

b. divorce can be sought on any of the grounds provided for divorce under the act according to which you were married. Incompatibility is not a ground for divorce in India. You could also seek a divorce by mutual consent, which would take between 6 and 18 months generally.

c. Indian courts are generally in favour of granting custody of minor children to the mother. The father would receive visitation rights, which may include the child spending holidays or weekends with his father in his father’s house. Once the custody issue is decided by the court, it is permanent, unless the case is reopened for some reason.

d. if you are not able to look after yourself after divorce, in the standard to which you were used to as a wife, you could seek maintenance from your husband. Your son would definitely be entitled to maintenance. Indian law does not provide for division of matrimonial properties.

Name:Vikas Sethia  Age:31  Gender:M  Place:Bangalore 

Q:My problem pertains to a lot of trouble my marriage is brining to me and to my parents. been 3 years after that I got married to someone who was in love with me. My wife and myself have very little understanding, and is big issue. In 3 years, broadly, I have realized that this marriage is brining lot of agony to me, my parents, and to my wife. Our mutual expectations it appear are incompatible, and I am almost sure that legal divorce would be a way out. I the mental agony and a feeling of a huge lacuna in marital relation is good enough ground for me to proceed with taking a opinion on proceeding with divorce, since I am saturated and can take no more of any nonsense. Sum and substance… I fully well know it a wrong decision and I cannot have rest of my life spent in vain with her. Our finances have been separate from day 1. Don’t have any common account or something no common investments…my wife is earning, and both of us do not trust each other on money matters well. Can you kindly advise on how can I proceed with divorce? Should I give her divorce notice…? Can somebody intermediate a dialogue us regarding this… What could be consideration of Court for my case? Thanks/ Warm regards, Vikas 

A:As a first step, I would advice you to go in for joint marital counseling. It would help you to explore the possibility of saving your marriage, failing which it will help you to seek an amicable divorce. It seems to me from what you are saying that there is a possibility of your marriage working.

You could seek a divorce on any of the grounds provided for divorce in the law according to which your marriage was solemnized, including by mutual consent. Your wife and you can discuss the terms of your divorce, including financial settlements.

If you are intending to seek divorce by mutual consent, you can both approach a lawyer whom you trust to handle the legal issues. If a divorce by mutual consent is not possible, you may have to engage a lawyer to advice you unilaterally. 

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Responses to About marriage certificates

  1. 1 Judith

    Hi sir
    my name is judith I come from the pacific island.I married to a british man and we stay in england.we were married in my country before we came here.I only had 2 years visa as a spouse.its just been one year been married and we had a few problems and my husband dont want me here.he said he will send me back to my home.the problem is that he said that he will told the immigration that we had a false marriage.is there any reason for me to stay here without him so that I will apply for my resident visa after my two years which is in february next year or is he had the right to send me back home?

  2. 2 Sushma

    Hello Sir,

    This is on behalf of my cousin.
    He has been married for nearly 2 years.
    The wife is not staying with him since past 3 months.
    It all started with small problems , she told everything to her father who blowed it out of proportion and now she wants a divorce.
    My cousin still loves her a lot.
    But chances of she coming back is null.
    Both of them are working in good companies and well paid.

    My question is
    If they go for a mutual consent divorce can the girls side ask for alimony to be paid ?
    Since she is working and there are no kids, there is no need for the money to be paid.
    But the girls father is money minded and may demand a one time settlement of huge amount for the mental agony caused etc.
    Your views will be highly appreciated.

    Thanks
    Sushma

  3. 3 anjeli

    hi,my situation is entirely different..i’m married to a guy with the same citizenship but marriage is not doing well,now i have an indian guy and we are planning to marry..in my country there is no divorce,only annulment..is it possible if we will go to India and get married there?

  4. 4 Rajiv Shah

    dear sir,

    i hve been married for over 4 years now and i have a 2.5 year old child with my wife. we are having problems since last 1.5 years only to later get to know that she is having an affair with my brother in law ( sister’s husband ). thought we do not have sufficient evidence for the purpose of court of law, we have as a family enough evidence to beleive the same. problem is that we have between the families decided to undergo a divorce with mutual consent and i had agreed to give the custody of my child ( unwillingly but for the sake of my child ) bcz until that time she used to say that there will be no restrictions by her with regards to me meeting my child, brining him to my house atleast two weekends in a months etc.,
    but eversince i agreed for giving her the custody she has not been allowing me to get my son home saying that it may affect him phycologically and on some or the other pretext. i hve told her clearly that if she comes between me n my child than i will not co-operate on the divorce. pls tell me what to do ? what does law have in store for a father who wants the custody of the child and what should i be doing when she has been not allowing me to get my son home ? thnx n regds

  5. 5 Anita Menon

    Hi Sir,

    My problem is my husband is more intrested about work than family life,she doesnt care about me.Its seven years now and have two kids of age 6 and 5yrs. Our sexul life was also not healthy,he doesnt have any intimacy.He was bounded to his parents and relatives and parents rather me or my kids.His way of thinking is strange in family matters,he always want to be dorminated,never listen to me for anything,as per him listening to me affect his masculine character.Never shows any intimacy to me saying that its all false and dramatic,but he is gud in work,and only at work.Never bothers to talk to me , even if he talk to me i feel irritative,can you tell be on incompatibility grounds,how can i seek divorce?.He cares for sex for his satisfaction,and leads life as if he is alone,he dont talk to neighbours and otheres ,he doesnt know how to do healthy conversation too.I want my kids to be smart,and i dont want them to sit in the corner and read books like their father,he always read books and sometimes force me for sex , but i cant ,coz of his attitude and absence of love and intimacy.He has lot of old concepts injected by his mother,who is an old lady,she doent want him to have gud relation with me. He is earning lot of money ,even sometimes he beahves like i am a begger to him.Even after seven years of marriage life we had sex for less than 10 times.On what grounds i can seek divorce? Kindly help me

  6. 6 Sumitra

    Hi Sir,

    I have been married for 15 years with 2 daughters aged 14 and 10. We live dhappily for 11 years , but last 4 years due to small incidents of cheating by my husband with my maid and his habit if seeing excess porn and oevr friendliness with women, I lost a little trust and we made up. Recenly, i discovered he is now having an affair with his secretary, and he asked me for divorce stating incompatibility and he feels I am tracking him since I satrted asking him why he is aloof and why he come slate often. he avoided all this- last 3 years I am asking him to see a counsellor/doc and asked why he is not normal with me.. he says tiredness , sometimes he is irritated etc, but he avoided and now he wants mutual consent. he refuses to come to a counsellor or speak to any family members from mine and his side. His friends have also tried and office has tried. His secy has resigned due to office pessure now. sicne he is at a senior position and his boss asked him to. Now he is furous with me since he feels I caused her job loss and she is living in hell and allreasons. He seems depressed/lnely, living separately, but i know they meet without knowing to anyone since her parents also have warned her and him. What do i do? I dot want to separate and my kids are also devastated. He is a christian , we married in Court and then in Church. I am a Hindu .
    please advise. Thanks.

  7. 7 priyanka

    Dear sir,
    Could you plz guide me what are the intial process of court marriage, means wht should exectly we do and how much time before we have to register? if u can help us i would be very greatful to you.
    Regards.

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