What to do if husband refuses marriage after performing marriage?

I want to know about my marriage, I was married in 2021 in Arya samaj mandir and I have some documents from marriage as well, pictures and videos also. All the ceremonies were performed and the two witnesses were my cousin and one friend of my husband. After that we didn't get it registered in court. Our families didn't know about the marriage but they approved for us and we got engaged, now my husband is in Canada and he is refusing to come back to India, also he is denying marriage as it was not court registrated. I am in helpless state as I am engaged infront of everyone and now our family knows that we got married in Arya Samaj Mandir. Now my husband is refusing to accept that it is a marriage even his parents are refusing and telling us to not believe in that marriage and break off the engagement. Marriage had all ceremonies, we both are Hindu, jaat community, no problem of surnames.

2 Answers
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Lakshmi Abilash Billa
Advocate Lakshmi Abilash Billa Answered: 04 May 2023

First of all, i would like to remind you that, Not All marraiges are Registering in India. If you have a Receipt issued by the Arya Samaj it subtantiates your case along with photographs. Importants aspects of marriage is whether the marriage was performed as per the section 5 and 7 of HIndu Marriage Act is important. Even it is not registered, it will not invalidate your marriage. File a Domestic Violence Case, 498A (as he is subjecting you to mental harassment) along with 420 IPC Cases against him. He will come back to India. My advice is settle the issue with him. He is not a perfect/Suitable person for you, this issue may raise at any time in future. For further quries ping me.

Admin
Advocate By LEAD INDIA Answered: 03 May 2023

Hello mam

Only Arya samaj marriage is not the valid proof of marriage to get the valid status of the marriage you need to get your marriage registered before the concerned marriage registrar,

And as per you query if your husband is avoiding you then you can send hi the well versed drafted Legal Notice through advocate for the offence of cheat, fraud and fake promise to marriage and to know further more in detail please call onb our helpline number 

thank you 

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