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Author Topic: married to cousin, stayed for 2 days.  (Read 2268 times)

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Offline reuel

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married to cousin, stayed for 2 days.
« on: October 28, 2013, 06:08:56 AM »
I married in christian reg. church in mid of april13 with my first cousin sis ( maternal cousin) & it was arranged marriage.

we left for honeymoon soon after marriage and after we returned backthe same evening my wife went to her mom's place as she had a leg sprain before marriage which got aggrivated coz of our honeymoon journey

after 2 weeks she came to my house to stay for 2 day and again went to her mom's place giving some excuse of health. from there she insisted to go to mahableshwar with her parents and frineds so i didnt object

In a nutshell, there are no disagrements, no complaints, no quarrels but only lame excuses everytime i went to bring her home. My entire mutual family is supportive  and hav approached her parents and her to find the reason but they do not react. since mid of May13, she has changed her cel  number and when tried calling landline they have stopped answering calls.

i asked priest through notice to issue me marriage certificate , but he has also not responded to the notice. i need some legal proof to say Im married to her, and as of today i only hav photographs.

Request your advise

a)  CHURCH- which law  can i enfore on the priest to issue the marriage certificate as he has solomonized it

b) How do i deal with my wife, who isnt answering my calls nor are her parents.

Offline advJitu

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Re: married to cousin, stayed for 2 days.
« Reply #1 on: October 29, 2013, 07:02:07 PM »
marriage photographs and witnesses present during the wedding is sufficient to get a court order directing the priest to issue you the marriage certificate.

now whether such close relation is valid amongst your community is required to be investigated.

if it is allowed than court will be in your favour.

regarding your wife not answering your call is a thing you got to sort out with her.

It is clear she does not want to co-habit with u.

would you like to persist with this marriage?

Advocate Jitu, Champion -
Company law expert from Mumbai City

Offline Advocate Ashok Kumar

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Re: married to cousin, stayed for 2 days.
« Reply #2 on: December 02, 2013, 04:29:34 AM »
Dear Sir,
Your problem is two pronged. First, whether your marriage is valid given the fact that your wife is also your first cousin and second, whether you are entitled to receive the marriage certificate.
On the first count, the legal position is as follows:
The Indian Christian Marriage Act of 1872 governs the marriages between Christians of India. S. 88 simply says: Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into. S. 4 (d) of Special Marriage Act prohibits such marriages and provides as a condition of validity that "the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties’ permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.
With respect to the second query which has more or less bee answered in the replies above, you just need to prove that you got married with the help of photographs and few witnesses who attended the marriage.
However, if there is no custom governing at least one of the parties which permits your marriage, your wife is fully within her rights to not come back to you as your marriage is void from the very beginning.

Advocate Ashok Kumar;

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