marital problem
shalini
(Querist) 23 May 2016
This query is : Resolved
Sir....I have a very serious problem.....my cousin sister did second marriage one year ago....she got seperated from her first husband with a stamped notary paper by mutual consent of jaat khaap panchaayat.......at the time of second marriage my sister showed that notary paper to her second husband and he was satisfied with them.....after marriage her second husband started torturing her and then he filed a case in family court under section 11/12 of Hindu marriage act ...anullment of marriage.....and now he is putting false allegations tha he has cheaten by ourselves.......he did not know about her first marriage....Her first divorce is not legal....
Our case is running in court....what can we do now? My sister have a psychiatric problem since 4 years....she also have a certification documents of her mental illness....can this illness is used as a remedy for protect from the legal issues......Plz guide and solve our problem.....
Thanks a lot.....
SAINATH DEVALLA
(Expert) 23 May 2016
Divorce by notary is not admissible in court
Mahendra Nath Yadav Vs Sheela Devi (Supreme Court of India)
Held: Hindu Marriage Act, 1955, ss. 9 and 13-B -A divorce got through the panchayat as per the local customs of a particular community will not be recognised by any court of law. A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do. Dissolution of marriage through panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce under Section 13 of the Act, 1955. HC has rightly held that dissolution of marriage through Panchayat as per custom prevailing in that area and in that community permitted cannot be a ground for granting divorce u/s. 13 of the Act, 1955 - Moreover, in case the appellant wanted a decree on the basis of customary dissolution of marriage through Panchayat, he would not have filed a petition u/s. 13 of the Act, 1955 - Filing this petition itself means that none of the parties was of the view that the divorce granted by the Panchayat was legal - No reason to interfere with the well-reasoned judgment of the HC - Appeal dismissed
shalini
(Querist) 23 May 2016
Thanks sir
P. Venu
(Expert) 23 May 2016
Is there custom prevalent in your community of grant divorce by the panchayat or community elders?
Adv. Yogen Kakade
(Expert) 23 May 2016
divorce by notary is not valid.. but she can use the same as an evidence if any criminal case is filed against her.. it shall be helpful to show her intention.
Guest
(Expert) 23 May 2016
Showing Psychiatric illness in Court can lead to severe complication from your sister point of view.
On the contrary giving Dr. certificate that she is having Psychiatric issue can help her husband easily separate from her .
Instead of helping her it will damage her case to large extent this is what I feel.
So before moving any Psychiatric certificate to court you need to take expert personal legal opinion including analysis of your town good Advocate. Else it can be disaster.
SAINATH DEVALLA
(Expert) 23 May 2016
Rightly concluded by the above legal experts.
shalini
(Querist) 23 May 2016
Thanks to all of u
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
In my opinion, the marriage solemnised subsequently while the previous marriage was not legally dissolved shall be null and void in the eyes of law.
However this fact should have been brought to the knowledge of court within one year from the date of knowledge by the petitioner and if a petition was filed after one year of the subsequent marriage the petition filed under the said provisions of law is not maintainable.
If you plead her mental ill health as a reason claiming her innocence then that mental illness which was fact material to the marriage has been suppressed then that will also be a fatal to your defence.
Since her husband is not comfortable with her due to her mental issues, he may not be compelled to live with her in the married life in future hence a wise decision can be taken about this so that both are living their lives peacefully separately, you may bargain a one time settlement amount and can deposit the same on her name so that she lives independent financially.
