Can live in wife sue under 498a etc.?
Anil Kumar
(Querist) 30 June 2014
This query is : Resolved
My elder brother was divorced in 2010. At that time, nobody was ready to give their daughter to him in our caste. My mother somehow found a girl who was married, she didn't like the village home where she was married, so she ran away from there on day 1, till date she is not legally separated from that groom. But the girl is HYPER ADAMANT, lazy and disrespectful. We thought that she is just childish, and will improve with time. She lived with my brother for around 5 months, but didn't make any physical/emotional relations with him!
My brother didn't marry her, no customs were followed. The girl's mother was in a hurry to get rid of her, I and my mother went there and brought her here as a bahu! In the evening, the couple did exchange maala in a temple, but that a casual gesture, not a common custom. There are no photos or videos to prove that she was residing in our home.
Now we have decided to get rid of that psycho, so her mother came and took her daughter back peacefully. Please don't bash me for being judgmental etc, she didn't even care for her own health, hygiene, food, work etc. And she started arguing disrespectfully with my mother since day 1! There is not a single quality in her to make her a normal bahu, forget decent one.
Although i don't think she has got any reason to do so, still i would like to know in advance that is there anything in law to support her case in a court, in case they do that?
Will the court look at it as a LIVE IN? How will they prove it? if 10 people say under oath that they have seen her as a daughter in law in our house, is it valid in court?
ajay sethi
(Expert) 30 June 2014
was marriage performed in presence of pandit and 2 witnesses? any wedding photographs? .
lady can file DV case claiming right to stay in matrimonial home or seek alternative accommodation .even if you dispute validity of marriage she can claim live in relation ship with your brother
Raj Kumar Makkad
(Expert) 01 July 2014
As she was already married, further marriage with your brother is totally void and accordingly she is not entitled to claim any compensation or maintenance.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
your brother is liable to be jailed on the charge of adultery and bigamous marriage if alleged by her official husband.
In such case your mother (may be other family members also) will be co-accused to abet marriage of her son with an undivorced married lady.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
another aspect
You also said :-
"We didn't marry the girl with my brother, it is a custom in our community to just go to the girl's house and bring her back without any ceremonies. The couple only exchanged maala in a temple, that's all."
in that way customary marriage took place and would have been legally binding if she was already not married.
Now she has been convinced of being wife of your brother and she started living with him. If you now make a plea that the marriage is void you are exposing your brother for the charge of rape (your entire family co-accused as abettor).
Nobody is going to believe you statement that "didn't make any physical/emotional relations with him"
Raj Kumar Makkad
(Expert) 18 August 2014
Supreme Court in many judgments has clearly held that Sapatpadi is must for a Hindu marriage so dont ignore this aspect also if no physical relations were established.
Sudhir Kumar, Advocate
(Expert) 18 August 2014
7. Ceremonies for a Hindu marriage.-
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
ACCORDING TO SECTION 7(1) A MARRIAGE IS COMPLETED WITH CUSTOMARY RITES ARE COMPLETED
SAPTAPADI CONDITION COMES ONLY WHEN NO OTHER RITES ARE THERE.
