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Sonu (Assistant manager)     15 April 2010

Peculiar Case: Is Divorce Required..?

I would like your views and expert advice on the following case. A man marries a woman but since he could not get kids from her, makes pressure on her family to get married again.The first wife allows him n due to family pressure the younger sister of this woman has to marry this man( at the age of 19- [10 years back] ( the age difference between them is more than 15 years) Today after 10 years this man has 2 kids from the 2nd wife i.e the younger sister. Both the sisters live together in a single family under one roof. But now due to some circumstances the younger sister wants to leave this man because now she wants to marry someone else n have her separate family. She doesnt want to take any of the two kids..just she wants is her freedom from him. But whenever she tells her to leave her...he tells her that he will not leave her. They are Hindus. this woman is not that educated and belongs to a village .The second marriage was not performed by any rituals. It wasn't registered anywhere. it was just a small ceremony in village n simple exchange of garlands in front of some relatives. Can i have your views what is the way out in front of her ( file a divorce or simply marry the other person n move ahead ( but if she then can this person file any kind of case or FIR on her?).Was this marriage ever legal...coz the first wife is alive even today... Is this offence punishable for this man and what is the way out in front of this woman??? It would be great if you could please suggest the procedure to be followed..

I think according to HMA 1955 this marriage was not legal as the first wife was alive....secondly law says that if the wife is lives for more than 1 year with a person on her will [today she has two kids as well] ( no matter if the marriage was forced or by fraud) the court cannot pass any decree...

your comments and views please..............



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 7 Replies

Rasik Dagli (Lawyer)     15 April 2010

As ceremony as per Hindu Law was not performed this marriage can not be said to be legal. At the most this may be said "Leave in relationship" as reported in media about Supreme Court judgement on the subject.

If the second wife leaves the man nothing can stop her . There will be no offenc  by her.

RASIK DAGLI

Advocate.

Rasik Dagli (Lawyer)     15 April 2010

As ceremony as per Hindu Law was not performed this marriage can not be said to be legal. At the most this may be said "Leave in relationship" as reported in media about Supreme Court judgement on the subject.

If the second wife leaves the man nothing can stop her . There will be no offence  by her. I think no divorce is required.

.

RASIK DAGLI

Advocate.

Sonu (Assistant manager)     15 April 2010

First of all thanks to both my friends for your valuable inputs...

Notwithstanding the fact that he has two sons from her.....would that create any problem in proving the legality of this marriage n the fact she has stayed with this person for 10 long years at her own will.....

moreover can he move for any FIR or case against the person whom she wants to marry (with the enticing charges) or may b against her...

Doveson (advocate)     18 April 2010

the best thing for you to do is file a petition in the local family court asking for a declaration that the said marriage is void. annex the photographs of the first mariage and any other proofs if available of the first marriage. ration card etc will be helpful if it contains the name of her elder sister as his wife. the burden of proof shifts on him. the decree would be passed in about 3-6 months time.

N.K.Assumi (Advocate)     11 May 2010

In addition those two kids can be called b*st*rd and no defamation case can arise as they are b*st*rd.


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