Legal Question in Family Law in India

Hello, I have an odd situation, and not sure what to do and what I am legally obligated to do. I am a Canadian Citizen and on a recent trip to India, met, fell in love. He asked me to marry him and I agreed. Due to my need to finalize arrangements to return home, we did not go and have the actual marriage ceremony. we did however both commit to each other, verbally and physically. We engaged in intercourse and did spend 2 nights together in a hotel. He did share that he was not sure how to tell his family as he was to be engaged, and as I was older than him and divorced, it would be more difficult. He told me that he would just have to tell them. we both professed our love for each other. Prior to having intercourse the first time, I resisted, and asked repeatedly if he was sure, and that we could not undo the act once completed. We shared several days and a few nights together, I only gave resistance the first time, as I knew the seriousness of engaging in intercourse. After that we discussed that how now we were just like husband and wife. after the first night, as we had not use protection (after the first time), we had repeated encounters. I asked him to get the morning after pill as I was not on any birth control and could have conceived. I was previously married but had been divorced for several years and He was also aware of my status, and I even informed him that I had my divorce documents with me, as I was travelling with my child from the previous marriage. Since returning to Canada, he has been very distant, and despite my asking him a few times if this was "just a fling", his response was always that he love me and wanted to make a life with me. About a week after my return as my period had not come, I took a pregnancy test (actually several), and learned that I am pregnant. I have been unable to communicate the pregnancy with him, as he seems to be avoiding me. I do not want to cause trouble for him, I know how difficult it is to walk away from family and obligation in India, but I recently was reviewing requirements for OCI/PIO applications as I am planning to return to India for the schooling of my child, and came across the new marital law with regards to premarital sex and marriage. I am concerned that do I need to register the marriage and then get a divorce? Can I just not register the marriage, I was just planning to avoid further contact,as it is emotionally difficult for me, but now I am so confused. I thought that as he is young and the eldest son, it would be easier for me to just walk away, and let him be happy. Let him get engaged to the girl his family has found for him, and in time he would forget about us. I could see how he was being torn apart by the choice, I could not stand to see the pain and anguish this situation was causing him. Now my concern is that I do not want to ruin hos life or cause him any trouble. I figured that I would just go to my OB here in Canada, and discuss aborting the child (I feel that it is the only way). I still have to put his name down and cannot lie about how or with whom as such there will be a record of this. Also, as this occurred in New Delhi, India, do I have any obligation to inform him about the pregnancy and would that give him any legal rights over the child or the decision. I am prepared to accept the consequences of my actions, I am not familiar with the laws and requirements of India, and as such do not want to unknowingly cause him or his family or the young woman he is to marry any problems. I am undergoing the process of applying for OCI status, and am afraid that I will not be able to lie or hide the pregnancy, even with my intent to end it as soon as possible. Can you please advise as to what I should do? is there a form or letter I can sign or have him sign that would free him an me? I really do not want him to have to explain all this to his family, and be faced with the stigma of divorce, if it can be avoided. thanks


Asked on 3/29/14, 6:56 am

2 Answers from Attorneys

dear ...

No there is no such form or any such thing in India... you must at least inform him what he did....before leaving India...

if you do not wont him to disturb then fine other wise you can for sure punish him if u wish so ...

for any help or query contact me at [email protected]

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Answered on 3/29/14, 11:59 am

Dear client if he is denying for Marriage then file case of rape against him. For proper discussion call me on 9422611385

Adv prasad patil

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Answered on 3/30/14, 2:19 am


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