Panchayati Divorce
Querist :
Anonymous
(Querist) 18 April 2011
This query is : Resolved
1) Girl was in love with some boy, parents of the girl were opposed to it.
2) Parents of the girl did her arranged marriage with some other boy against her will.
3) Girl stayed only for around 2 months in matrimonial home and returned back to her parental home. Now her lover not willing to marry her under any condition since she married.
4) Parents of the girl not interested in lengthy court divorce procedure, they initiate a Panchayati divorce. Panchayati divorce done mutually and amicably on court stamp papers. Both parties including girl and boy sign on it.
5) Parents of girl marry the girl second time to some NRI after showing him the Panchayati divorce.
What possible legal problems can be faced by boy if he marries another girl?
Naresh Kudal
(Expert) 18 April 2011
Yes decree of divorce can be passed only by family court. Boy should apply for divorce in the court first. That girl had committed offence under sec. 494 IPC.
Guest
(Expert) 18 April 2011
No legal validity of panchayati divorse. Neither girl could marry the NRI, nor the boy can marry another girl unless the divorce is validated by the competent court of law.
Querist :
Anonymous
(Querist) 21 April 2011
Gentlemen it is really unfortunate that non of you has answered my question and started suggesting that Panchayati divorce is not legal(which I am already aware of), some of you have gone far to the extent of suggesting prosecuting the NRI! Please note that everything has been done amicably between the parties. The question is what possible legal problems can be faced by boy if he marries another girl?
R.Ramachandran
(Expert) 21 April 2011
Dear Anonymous,
You presented a fact that a boy and a girl was married.
Then you said that through Panchayati Decision a divorce was arranged. The boy and girl signed on stamped paper.
Then you ask "What possible legal problems can be faced by boy if he marries another girl?"
If people say that "Panchayati Divorce" is not a divorce in the eye of law and only Courts can grant a divorce, you say that "Gentlemen it is really unfortunate that non of you has answered my question and started suggesting that Panchayati divorce is not legal(which I am already aware of)"
If you are aware that Panchayati Divorce is not legal, you consequently are aware that the boy and girl are still considered as husband and wife in the eye of law.
You also know that a man or woman cannot marry another person, when the marriage is subsisting and the spouse is living.
If the boy marries another girl, without proper court divorce, he will be committing the offence of 'bigamy'.
The other girl whom the boy is going to marry can also later on file a case against the boy that he cheated her and did not disclose that he was already married etc. etc.
The boy will definitely be in trouble legally.
THAT IS WHAT PEOPLE IN THIS FORUM HAVE ANSWERED TO YOUR QUERY "what possible legal problems can be faced by boy if he marries another girl?"
You say your query has not been answered.
Querist :
Anonymous
(Querist) 21 April 2011
Dear Mr. Ramachandran there is nothing to be emotional about the matter. Your reply is the one that makes my question answered. You have answered it!
This is the answer which other experts were not able to give and instead were hitting around the bush.
"If the boy marries another girl, without proper court divorce, he will be committing the offence of 'bigamy'.
The other girl whom the boy is going to marry can also later on file a case against the boy that he cheated her and did not disclose that he was already married etc. etc."
Thank you Sir for your perfect and to the point answer!
Sarvesh Kumar Sharma Advocate
(Expert) 19 April 2011
