Paid Advise

My boyfriend does not accepting marriage

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law | Marriage

Reading Time:

My boyfriend does not accepting marriage whereas, I solemnised marriage with him in a temple. We were in love for more than six years and we both were agree to marry. After the marriage, we were lived together for three months. We both are adult and working in a multinational company. He is a very good and responsible guy. I don’t know what is reason for such denial. If I’m true, his parents might pressurised him.

Sir, what to do in this circumstances? I have evidence to prove our marriage. My life is stuck after this incident. I don’t know why does my boyfriend not accepting our marriage.

Question from: Bengaluru

Your marriage is valid

Your marriage is valid because it is solemnised in a temple as per the Hindu rituals and rites. Therefore, your boyfriend cannot refuse it. A valid marriage does not seek acceptance of parties. If one spouse refuses the existence of marriage he is trying to overlook his matrimonial obligation. At the time of marriage the age of bride and bride groom should not be less than eighteen and twenty years respectively. You both are working in a multinational company. This proves that you are sound mind and have attained the age of majority. So, your boyfriend (husband) cannot deny the existence of marriage.

When one spouse did not give his consent then he/she can nullify the marriage through the decree of court. Section 12 Hindu Marriage Act gives some grounds for nullity of marriage. But the provisions of section 12 will not apply in your case because you both were friends and solemnised marriage with your free consent. There is no fraud or concealment of facts from either side.

What to do if your boyfriend does not accepting marriage?

Validity of marriage does not depend upon acceptance or refusal of parties. If marriage is solemnised by performing essential conditions of Hindu marriage, it yields some legal implications. Parties to marriage become husband and wife. Both are under obligation to perform their matrimonial duties.

Your husband is trying to conceal this marriage. He does not know the legal remedies of wife in a valid marriage. You can take legal recourses to protect your marriage as well as marital status. He cannot deny that you are not his wife. You should file a suit for declaration and permanent injunction. Your husband is denying your marital status.

File a declaratory suit for declaration of marriage

You should file a declaratory suit because you possess a legal right. Law confers some legal rights to the wife of a valid marriage. It is undisputed fact that your marriage is valid and you have sufficient evidence to prove it. Therefore, you should plea from the court to declare your legal right and character. Section 34 Specific Relief Act gives such a right for the protection of the legal status. The court will pass a decree in your favour thereafter, your husband deny the marriage.

File a suit for permanent injunction

Permanent injunction suit will prohibit your husband to solemnise another marriage. Your husband may think that he will conceal this marriage thereupon, solemnise another marriage. Thus, permanent injunction will not allow him to do so. You can file both suits simultaneously. Your boyfriend does not accepting marriage for any ulterior motive because there is no reason to deny the marriage. You both were friends, spent lot of time to understand each other. There is free consent in marriage. All these facts prove that either he is in influence of other or have any secret plan.


Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Marriage in young age valid or invalid

Question: Marriage in young age valid or invalid. My question is that if a family has married their children at a young age, then their marriage will be valid? If the children have grown up later then it's gonna be valid later? Or else it won't be valid because the...

Can mental illness put a bar on holding sensitive posts?

Question: Can a patient of mental illness who is on regular medication become a member and chairman of child welfare, women welfare, juvenile justice board and handle such sensitive matters? Can mental illness put a bar on holding sensitive posts?  Asked from:...

Encroachment of the public paved road

Question: There is an encroachment of the public paved road. Can anyone occupy a 60-year-old paved public road by saying that this has been made wrong? What is the legality of the road in Indian law?  Asked from: Uttar Pradesh Public road is a public property...

How to get back money from my younger brother?

Question: How to get back money from my younger brother?. Younger brother demanded money from the older brother and gave some amount to him without any  paperwork. If the younger brother ignores or does not return the money, what action will the older brother take ?...

Section 38 of Specific Relief Act 1963

Section 38 Specific Relief Act Perpetual injunctions when granted (1) Subject to the other provisions contained in or referred to by this Chapter a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour,...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.