pls advice
Sanju
(Querist) 24 October 2010
This query is : Resolved
My brother got divorced and his wife appealed against the judgement in the high court.The case has been admitted and the stay forbidding my brother to marry again has been granted.The case is pending in the high court.My brother has been living separately since last 11 years.Now he is involved with a girl and who is legally divorced.They have decided to marry without any evidence(only pheras without any proof).My question is:
1.Can his first wife take any action against him if he starts living with this lady.Is it illegal for this lady to stay with my brother when the appeal case is pending
2.Without the marriage being registered or without a proof of being married,can the lady ,in future if their relationship does not work,harm my brother and to what effect?
3.If out of this relationship,a child is born,how will it effect his pending case.I mean.can the first wife take any action if the child is born from the the relationship.
please advice..
Thanks
Devajyoti Barman
(Expert) 24 October 2010
1 The bar is against second marriage till the appeal is over not against staying together with one beyond marriage.
2. Yes if she could prove that both she and your brother cohabited as husband and wife for some time then she could enforce such rights which is available to any legally wedded wife.
3. The child out of not so legal relationship is a legitimate child and he has got all the right of inheritance which is available to any legitimate child.
R.Ranganathan
(Expert) 24 October 2010
The child will get all the benefits but the lady will not get any benefits unless she gets married legally. But now that the stay is there, the marriage cannot be conducted legally.
adv. rajeev ( rajoo )
(Expert) 24 October 2010
Your brother can marry the girl, but during the pendency of the appeal and if your brother's wife came to know this fact it amounts to violation of court order.
If she can enforce her rights, but once marriage is denied then burden lies on second wife to prove her marriage.
If child born after the second marriage, that child has got share in the properties of your brother.
