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My boyfriend does not accepting marriage

Shivendra Pratap Singh

Advocate

07/04/2021

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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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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