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Legal consequences on the family due to unregistered marriage


27-Nov-2023 (In Family Law)
Two years back,One of my cousin went to Canada for study purpose. 2017 January month he returned to India for vacation, during his visit he married to a girl with out our family presence. In the month of march he returned to Canada, recently we came to know about his marriage through the girl's brother. In the month of October she delivers a baby and after that they quarrel each other, now my cousin wants to separate from their family and we also oppose it. Our caste is OBC and the girl belongs to SC, they didn't registered the marriage anywhere and they had only a marriage photograph, What are the consequences we can face if the girl's family file a case on our family and what can we do to in the present situation?
Answers (3)

Answer #1
846 votes
as you said that girl deliver a baby through DNA test it can be identified as she had marriage photograph, as she belongs to SC cast so there will be probability to file SC/ST case and 498-A case dowry harassment case and maintenance case, so better to consult an advocate and take proper step.
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Answer #2
859 votes
As the marriage has been performed and the child is born there is no going back on the said aspect. If you want to get separated, you have to file a petition for "divorce". In so far as any case on your family is concerned, you have to contest the same and the law gives you an opportunity to defend. In all likelihood, you may have to face Domestic violence case, Maintenance case, Cruelty/harassment under 498a, Restitution of conjugal rights, etc. Before she files any case, you can file an injunction petition to protect her from entering your house and for a Divorce as stated above, which shall be a good defence to counter her case. Remember, she has certain legal rights, which shall be protected.
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Answer #3
893 votes
Since he is agreed that he married that lady and also she delivered a baby for their relationship. If both are agree then go for mutual divorce. Else try to get compromise both parties. Now it is not only limited divorce but also involved other problems if not handled carefully.
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Advocate Sanjeevi Krishna Rao

Adv. Sanjeevi Krishna Rao

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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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