Divorse
jeevan deshpande
(Querist) 31 May 2014
This query is : Resolved
hon sir,
my friend got married with a lady who already married 2003 and who stays separately without divorse from her ex husband. as per her statement she get separated with mutual understanding with her ex husband. that marriage is in small mandir and no legal registration made with it, so need not require divorse 2005. afterwards she want to settle her life so started affair with another person and maintained till 2007, but due to her past life or any other reason, that particular person declined to get marry her, then as per her statement she made police compliant against that person where she made settlement in court and left her. immediately in the year 2008 my friend come close with her where she not given any information about her past life and got marriage with her 2008, it was love marriage and against family my friend started his new married life at lady's house, within short period she became preganent and given birth for girl child 2009. but meanwhile my friend lost his job and has no income source and due to reason she started mentaly harashment, tourcher with my friend. daily she started fighting, arguments etc with my friend, and one day my friend taken poison and tried to make sueside but his family members came and save his life. my friend left her home in 2009 and till date my friend not went her home. that lady filed missing complaint for her husband in 2013. looking towards her past life she now started new affair with one married person, we feel that like my friend she may again distroy new persons life, how to stop her ? and how my friend get reliefe from that lady without any compansation/ maintainance ? is it possible ? or is anything in the hand of current person if she again made misbehavour and want to distroy his life. pl guide
Laxmi Kant Joshi
(Expert) 31 May 2014
According to hindu marriage act the marriage of your friend from starting was null and void because she had not taken divorce from her previous husband and remarry with your friend tell your friend don't worry she can not claim anything from him but he have to give maintenance for his baby only .
Nadeem Qureshi
(Expert) 31 May 2014
Dear Querist,
As per your information, if your friend has any evidence regarding her previous marriage, then he can file a criminal complaint under section 494/420 of IPC before criminal court.
This marriage is void abinitio so your friend should filed a suit for declaration under section 11/12 of Hindu marriage Act before the family court, because this marriage is not valid marriage so she is not entitled to get any maintenance from your friend, but you have to pay the maintenance for baby child.
Devajyoti Barman
(Expert) 31 May 2014
The marriage is void one and the the offending spouse can be booked for the offence of bigamy.
Devajyoti Barman
(Expert) 31 May 2014
The marriage is void one and the the offending spouse can be booked for the offence of bigamy.
ajay sethi
(Expert) 01 June 2014
marriage during subsistence of earlier marriage is illegal . wife will not be entitled to any maintenance . but you will have to pay maintnenance for the child
prabhakar singh
(Expert) 01 June 2014
You have got appropriate guidance from Mr. Nadeem Qureshi.
ajay sethi
(Expert) 01 June 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
No doubt the marriage is void ab-initio,but what about your friend, who left her company in the year 2009 and has not bothered to take any legal action in this regard despite in the knowledge of her previous marriage for more than five years ?, Instead of suicide attempt, he should have filed a petition for annulment of marriage or bigamy under criminal law. As per you, she has given a missing complaint with the police and shifted her camp to another innocent victim, so if you are really interested in the new person's welfare, find him out,narrate the entire history of her to him and caution him of her conspiracy against him so that let him become conscious of her and take precautions accordingly.
