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Legal » Matrimonial-laws » Domination-marriage-081203
 
Domination In A Relation Can Lead To Annulment

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.

Dominating Wife

Question Amit Arora asks,
I got married in Oct 2004 and since then the relationship is quite sour. I had to leave my parents because of her non-acceptable behaviour towards them. Not a single week goes by when we don’t argue / quarrel. She has thrice threatened me that she will commit suicide. I am unable to decide on what to do. If I talk about my parents, she again fumes up, if I say I want to go and meet them (they have shifted to my hometown), then also she objects. We have no kids. She earns more than me.
Answer Dear Amit Arora,

You have not mentioned as to what exactly you intend to do and or what steps you would want to take. Assuming that you want to part ways with your wife then in that case you will have to take appropriate legal steps and initiate appropriate proceedings by invoking the due process of law, before the Family Forum as per the jurisdiction of the place where you have got married and or are currently residing. You may have an option to consult Family counsellor for resolving your personal discords. You may consult an expert divorce lawyer for initiating any legal process, if necessary.

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Indian Marrying Colombian

Question Inderpreet Singh asks,
I am an Indian national, with an Indian passport (and no other resident permit or citizenship). I will soon be marrying a Colombian national. The marriage will take place as per Sikh religious ceremony, in Punjab.

In this regards, I have following questions:
  • Can we conduct a civil marriage before the religious ceremony?
     
  • Where can we conduct civil marriage and obtain a marriage certificate?
     
  • What documents will my wife and I need to obtain a marriage certificate?
     
  • Will the marriage certificate be valid worldwide? In other words, will it be honoured as a legal proof of our marriage in other countries, especially in case I choose to work in a foreign country and I have to apply for her visa?
     
  • As a foreign wife of an Indian citizen, what will be her rights especially w.r.t entering and living in India?
Answer Dear Inderpreet Singh,

As per your query, you can have a civil marriage before your religious ceremonies. The civil marriage will have to be registered under the Special Marriage Act, 1954 since you are an Indian National and your to be spouse is a Columbian National and your marriage shall be governed under the Special Marriage Act, 1954 irrespective of any form of religious marriage you may conduct after having conducted a civil marriage. To get the marriage registered in India under the provisions of Special Marriage act 1954 by following a systematic procedure as laid down by law.

The Special Marriage Act, 1954 requires certain preliminaries to the solemnization of marriage. It should be kept in view that marriages under the Act are essentially civil marriages, and the Act provides for civil formalities.

Notice of marriage and its publication
Under the Act, notice of marriage is to be given by both the parties. It has to be given to the marriage officer of the district where one of the parties has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. In the notice, the names, the status (unmarried, widow/widower or divorcee), ages and dwelling place of both the parties are to be stated. The length of residence and the permanent dwelling (if the present dwelling place is not a permanent residence) are also to be stated.
Solemnisation of marriage - Before a marriage can actually be solemnized, the bride and bridegroom are individually required to file a declaration. Each declaration should contain: the status of the bride (or bridegroom as the case may be) at the time of marriage i.e. whether he or she is unmarried, divorce or widow/widower, the age, and a statement that he or she is not related to the other within the degrees of prohibited relationship.
No marriage under the Act shall be complete and binding unless each party says to the other in presence of the Marriage Officer and three witnesses and in the language understood to the parties.

Both of you need to get the following documents:
  1. Passport or any document showing your nationality and proof of residence.
  2. Any document showing your proof of birth and age, viz Birth Certificate or school leaving certificate.
  3. A declaratory affidavit duly notarised stating your current matrimonial status and also providing more information with regards your domicile, age, and the place of your permanent residence.
  4. And also a single document showing the residential proof & status of each witness. i.e. Passport or Ration Card or any other property document.

The Marriage certificate then issued to you is the authenticated proof of your marriage, which is a valid certificate of marriage as per Indian Law. Also to mention that after the said marriage is solemnized, your wife acquires legal rights as a legally wedded wife as per law. You may consult an expert Matrimonial Lawyer for any further clarifications or any other queries if any. Hope this should suffice your query in brief.
 

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