MARRIAGE
5 years ago
Dear sir i have married 2 years ago In a registered temple when girl was 17 years old . but an affidavit was submitted and declaration was done by girl that she was 18 year old and approved by notary. She was happy till dec 2018 and wanted to come to me. But now she is not ready to come to live with me in the compulsion of her parent. I have all the photograph of my marriage. Can i claim to live with me by leagally. And am i her leagally husband?
Suneel Moudgil
Responded 5 years ago
minor's consent is nothing in the eyes of law, try to convince her in a very decent way else just forget and move ahead.
AMAN KUMAR
Replied 5 years ago
BUT sir she has submitted an affidavit and declaration that she was 19 years old that time. Will it a wrong proof
Suneel Moudgil
Replied 5 years ago
her (minor) affidavit has no value in the eyes of law
Yes, subject to risk you may face since she was actually minor and you cannot marry her. She may file divorce case on that ground itself. Try to mediate and get her.
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AMAN KUMAR
Replied 5 years ago
Hi sir
AMAN KUMAR
Replied 5 years ago
I need ur contact no to tell my problem
AMAN KUMAR
Replied 5 years ago
I have done payment
Shreyash Mohta
Responded 5 years ago
1. The female can always state about her minority. [The marriage as such is void]
Now in your case
1. You need to prove that you were bonafide and agreed by way of affidavit that she was 18 years old
2. She did not have any problems in the 2 years of your marital life
3. You can ask her to stay legally and file a restitution of conjugal rights [only if you can prove the court that the marriage was valid] Or else the whole marriage shall be void and you shall have no rights.
Thanks
Junaid Ali Khan
Responded 5 years ago
Note : You have to prove that girls age at the time of marriage was not known to you.
AMAN KUMAR
Replied 5 years ago
Have i not to show her age proof?
Junaid Ali Khan
Replied 5 years ago
Means that you were not aware of her real age, and she told you that she's is major I.e 18 years.
AMAN KUMAR
Replied 5 years ago
IN HER aadhar card DOCUMENT HER AGE WAS 17+ . But in court affidavit she has consented that she was 19 . Will it be valid
AMAN KUMAR
Replied 5 years ago
Her real age was 18 that time. But in document she was 17
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