What are my legal obligations and rights
I am a Canadian Citizen and on a recent trip to India,I met, fell in love with, agreed to marry and engaged in intercourse. Due to sudden illness and change in my travel plans we were unable to discuss details of next steps. Although, we discussed having a civil ceromony and/or he mentioned a temple near Delhi where we could be married, 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. He did tell the other girl, that he could not go through with the engagement and wedding, as it would be unfair since he was in love with me. She continued to beg him to please just still go through with the engagement and wedding to her. Prior to having intercourse the first time, I stopped several times, and asked repeatedly if he was sure, and that we could not undo the act once completed. At one point he even became frustrted and commented as to why I was so concerned about everyone else, and weather I wa sure about being with him. We shared several days and a few nights together. After, the first time, we continued to enjoy each other, and spoke about and acted as if we were husband and wife. We had spoken about, how even though I was from Canada, I still had very traditional beliefs, and I had told him, that despite my past I had not been intimate with a man in over 5years. The morning after, 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. Later that evening, I spoke to him about how I felt, and how, if he truly wanted to be with me and he considered me his wife, then there should have been no reason for me to ask, or him to get the morning after pill or any other birth control, as getting pregnant was a good thing for a married couple. 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 terminate the pregnancy as soon as possible. I feel that there will still be a record of my recent visit to India, the hotel records, and my own medical records, where I have to tell the Doctor the truth. 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 10 years ago in Family Law
Religion: Christian
As I asked in my original question. My intention is to let him get engaged and married to the girl his family has chosen. I just wanted to ensure that due to the new law with regards to premarital sex and marriage, are we obligated to register the marriage and seek annulment or divorce, or can we just not do anything? Also, what can be done so that neither one of us can make a claim against the other in the future. I am going to have the pregnancy terminated, but as there will be record of him as bio father in the medical records in Canada, I was unsure of the legal impact.
My OCI/PIO status is not connected to this except for the timing of it. I believe that he does not have any intention to follow through on making a life with me. As such, I want to ensure that he is free to go through with the engagement and wedding as planned with the other girl? I do not want that he and his family should be caused any harm or embarrassment. So if there is something I need to file or have done so that he does not have to be worried or stressed. If there is then how quickly can it be done and what fees are involved.
Asked 10 years ago
first, I asked for a legal opinion not a moral judgement. I am asking as I came across articles talking about a ruling of the High Court/ new marriage law in 2013, in which a male over 21 and female over 18, who engage in premarital sex, are deemed married and would require a divorce prior to remarrying. I want to know how to legally protect myself and him, so that neither can make claim against the other. I just want this whole thing behind me.
Asked 10 years ago