divorce and separation

5 years ago

Sir i was separated from my ex husband in 2004 he was addicted to drugs left the house and he had no where abouts and how about form him nor his family. In 2012 i got married to aunt son on 14/04/2012 in Arya Samaj for which i have a marriage certificate also.Now due to some differences my present husband is saying that our marriage is not Legal and he can leave me any time and i cannot take any legal action on him. Is it correct. Do i have legal rights to file a case aginst him. I dont want to give him divorce. Please suggest.

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ROBERT D ROZARIO

Responded 5 years ago

A.Generally marriages under Arya Samaj is for those who have converted either from Christianity or Islam and embraced Hinduism. Such marriage are solemnized between a Hindu and a converted Hindu or between two converted Hindus. However since marriage has been registered under Arya Samaj Marriage Law then it cannot be challenged of its existence. Now coming back to your situation, since your first husband disappeared for more than seven years you should have obtained a decree of divorce on that ground and thereafter got married with your second husband which has not been done in your situation. So legally you are still continue to be the wife of the first husband and your second marriage is null and void. Best would be to find out whether your first husband is alive or dead. If he is dead the year of his death. If he had died before your second marriage then you were a widow at the time of the second marriage and so your second marriage exist legally. For more guidance you can contact me through Vidhikarya for consultation.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Sir,
As far as my knowledge goes, the Arya Samaj Temples in North India gives marriage certificates and keeps records as well.
For obtaining a duplicate copy, you have to apply and pay money as well for the same.The marriage certificate is one of the documents produced before the marriage officer for getting the marriage registered.
Do you have any children by your first husband?
Do you have any children from your second husband?
You can take legal action for your self and also for the upkeep of the children.
But, you have to prove your marriage to the person concerned.
Shanti Ranjan Behera,Advocate

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Rajender Prasad

Responded 5 years ago

A.you should preserve the ARYA Samaj M arriage Certificat from the priest of sam aj who got your marriage executed. in case you don't have get duplicate one for action. For details, contact some adocate through vidhikarya.com

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Deepika Singh

Responded 5 years ago

A.You must contest case if he is saying like that bcoz you got married after seven years of first husband so your second marriage is completely legal

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client it's not correct.you are married in special marriage procedure and there is law from validity of arya samaj marriage.you can take legal action into court. I have proceeds same kind of cases.

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Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear mam his right. Because your privious marriage cannot dissolve. You must to take divorce to the first husband.then marrying someone. Without taking divorce it is void marriage

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ARPIT BATRA

Responded 5 years ago

A.He is right in saying that your second marriage is not legally valid.
Send detailed facts in order to receive proper legal advise

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