Legal opinion
arun kumar
(Querist) 21 July 2013
This query is : Resolved
Sir, I am married to a girl through court marriage against my parents wishes, I was certain that our parents will accept this marriage but to my utmost shock her parents are claiming that the girl was already been married in their village as per rituals but as the girl wanted to me in her life so she has not disclosed this now my parents are not taking me in home as they are saying to first clear off the previous marriage and tell the girls parents to come forward and marry their daughter with me openly but her father is denying this and threatning my father that he will forcefully enter her daughter in my home if my parents will not take us Sir please suggest does he have any legal rights for such act the girl is by my side and is even ready to give divorce to me pls help!
Sudhir Kumar, Advocate
(Expert) 21 July 2013
The facts stated b y are incoherent.
The marriage is in court and unless you are volunteering to be in Jail for making wrong declaration, you cannot seek nullity of marriage.
If you claim the girls to have been married earlier (which does not appear true from the conduct of here father, as described by you).
She has a right to force entry in the house where you are living. Title/tenancy of property has no relevance.
They may also take a recourse that she is not being accepted n due to "no dowry" marriage (even if falsely) and this paves way for your parents to be in Jail.
prabhakar singh
(Expert) 21 July 2013
Mr.Sudhir Kumar has rightly advised you.
Rajendra K Goyal
(Expert) 21 July 2013
Very well advised by expert Sudhir Kumar ji.
arun kumar
(Querist) 21 July 2013
Sir,
This is 100% true that she was married and her father has even produced Video Cd of the first marriage and as her first husband has settled down the matter with her father after knowing that she has married to me and he then married to another girl but problem is being created by the girls father he is not ready to spend a single penny my parents are not demanding dowry they are only asking for a good open marriage in the society and my parents has not taken me also in home the reason for all this is my big brother is unmarried till date. Sir, how it is possible that he will send my parents to jail when they are not even taking me inside home.
Sir please help.
Raj Kumar Makkad
(Expert) 21 July 2013
There is no matter of sending to jail if you all are agree but he is refusing to follow social norms.
arun kumar
(Querist) 21 July 2013
Thank you Makkad Sir,
But as per sudhir sir he might do so but sir let me clear some fact and i beg for your valuable advice.
1) The Girl is staying with me and no one of us is staying in their parents.
2) The girls father is not agree stating that he cant marry her daughter twice.
3) The girl is saying that her father has married her with an aged person who was become a source of harressment to her.
4) How her fathers accusation of dowry and all things justified when the give herself not saying it.
5) The girl is ready to give divorce to me as she feels that she is responsible for all this and she cant see me and family in such pain but i am not willing to leave her but i want my parents too.
Sir pls give advice can we both mutually divorce on the condition that i will remarry her after her parents will agree.
arun kumar
(Querist) 22 July 2013
Sir please answer that wheather taking mutual divorce is possible and how long it will take.
Raj Kumar Makkad
(Expert) 22 July 2013
As per law, second marriage persisting first marriage is void thus the marriage held between both of you is illegal.
In the light of the above noted fact, even divorce is not required. Though you can file a criminal case against your 'wife' for the suppression of the material fact and thus can get the marriage nullified but if you both are agree, get mutual divorce but no such condition as you desire, can become part of that decree.
arun kumar
(Querist) 07 August 2013
Sir,
Please guide me that in mutual divorce where i have to file the case and how long the procedure takes.
A. Kumar
Sudhir Kumar, Advocate
(Expert) 20 August 2013
where is the question of divorce when there is no lawful marriage.
V R SHROFF
(Expert) 15 September 2013
Its no marriage in eyes of law
ajay sethi
(Expert) 15 September 2013
better contact a local lawyer
Sudhir Kumar, Advocate
(Expert) 15 September 2013
http://www.lawyersclubindia.com/experts/please-help-me--422946.asp
ANOTHER SIMILAR STORY IN THE NAME OF BROTHER WHAT IS TRUTH. CLARIFY ON BOTH THREADS
