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Husband denying that he married me and we have a child together
13-Sep-2023 (In Family Law)
I got married to my husband in 2012 in gurudwara. I have registered certificate from gurudwara where the marriage took place. I do not have marriage pictures or video. There was no one from his side. My mother and only my few relatives were there. My husband stayed with me only for 9 months till I gave birth to my daughter. He left me and got a government job in a different city. I have a daughter who is 5 years old now. My husband denies that hes not married to me and he has no child with me. Hes not willing to accept me and his daughter. Im sikh and he is hindu.
Well this is not uncommon a problem being faced by many women. The remedy under law is available to you. U need to file a civil suit seeking declaration from court that you are legally wedded wife of the man who is now denying the relationship. We can also prove the paternity of child. We can claim maintenance both for u and child. Besides in the coparcenary property the child can claim share.
Helpful?
Adv. Harminder Syal
Phagwara | 25+ Answers
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Dear Ma'am,
You should firstly file an FIR against your husband at the nearest police state for cruelty and desertion under section 498A of IPC and also under the Domestic Violence act for not allowing you to live in your matrimonial home and can claim maintainence from him.
Also, you can file an application in the court of law for restitution of conjugal rights by which the court shall order the husband to live with you.
Regarding proof of marriage the certificate of marriage by the Gurudwara, signed by both parties and witness present is proof enough that you are married.
Paternity test of your daughter with your husband shall prove your marriage and he shall be liable to pay compensation and maintenance to you and your daughter.
In law both Sikh and Hindu are governed by the Hindu Marriage Act.
Hope this answers your query.
You can contact me for any further assistance.
You should firstly file an FIR against your husband at the nearest police state for cruelty and desertion under section 498A of IPC and also under the Domestic Violence act for not allowing you to live in your matrimonial home and can claim maintainence from him.
Also, you can file an application in the court of law for restitution of conjugal rights by which the court shall order the husband to live with you.
Regarding proof of marriage the certificate of marriage by the Gurudwara, signed by both parties and witness present is proof enough that you are married.
Paternity test of your daughter with your husband shall prove your marriage and he shall be liable to pay compensation and maintenance to you and your daughter.
In law both Sikh and Hindu are governed by the Hindu Marriage Act.
Hope this answers your query.
You can contact me for any further assistance.
Helpful?
Adv. Manmilan Sidhu
Delhi | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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