Hiding of first divorce and remarrying another

JOTHIKUMARAN (Querist) 18 October 2013 This query is : Resolved
Dear Sir,

My Brother got married 15 years before with my sister in law 1998. Now, they have two grown up kids age 13 & 14.
But my brother was not informed about my sister in law's first marriage divorce and they have hided the issue.

Now, my brother would like to put the case. Is it valid to put the case after 15 years ? What will be causes to my brother and my sister in law? what will be future of the kids? what are the consequences that girl family will face? Please advise us.

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adv. rajeev ( rajoo ) (Expert) 18 October 2013
Now it is no use. For the benefit and future of the kids there should some adjustment.

prabhakar singh (Expert) 18 October 2013
SUGGEST YOUR BROTHER NOT TO DIG FOR A rat.

The marriage is legal.

Devajyoti Barman (Expert) 18 October 2013
You brother seems to have lost his mind.
After 15 years of marriage he is to put at stake the lives of so many lives, especially the minor children.
Do not encourage him to go for any suit.

Ms.Nirmala P.Rao (Expert) 18 October 2013
If your brother came to your sister in law's 1st marriage only recently and if still she continues her relations with her ex husband and have a strong proof, your brother can file both civil and criminal proceedings in courts. As she already had married someone prior to her second marriage with your brother , her second marriage is absolutely void and YOUR brother CAN get the marriage annulled on this ground through proceedings in Family court. He can also file cheating and bigamy criminal cases against your sister in law. However the children born during this second marriage are legitimate and they have all the legal rights flowing from various laws unless otherwise proved.Please press the Thank you button on my profile.

ajay sethi (Expert) 18 October 2013
your brother has 2 young children . think of the future . he has led a happy married life for 15 years . no doubt your sister in law should not have suppressed the facts about her divorce . dont go in for divorce or file any criminal cases now .

it is not your case that your sister in law has maintained relations with her ex husband after divorce . she has been a loyal wife . forget it

R.K Nanda (Expert) 18 October 2013
nothing to add more.

Ms.Nirmala P.Rao (Expert) 18 October 2013
Her second marriage is absolutely void and illegal and she is treated as mistress or concubine of your brother and no legal rights would accrue to her except for her children through her second marriage with your brother.

Devajyoti Barman (Expert) 18 October 2013
Second marriage after divorce does not become void or illegal.

Ms.Nirmala P.Rao (Expert) 18 October 2013
I'm sorry! I thought there was no divorce from her first husband. If the first marriage was legally dissolved, then her second marriage is perfectly valid and very much legal.

Guest (Expert) 18 October 2013
Awaken very early (after 15 years)! Why not put the case after celebrating golden jubily of marriage?

Raj Kumar Makkad (Expert) 18 October 2013
What is the real reason behind the mind of your brother to 'purchase' the danger for himself and his family at this middle age?

malipeddi jaggarao (Expert) 22 October 2013
What made your brother realise at this stage that the fact of his spouse's first marriage and divorce was supressed? In which way it affects his life at this stage? There must be strong other reasons for such thinking. He has two kids out of his marriage with the spouse. Mere supression will not nullify the second marriage as she was legally divorced of the first marriage. Do not link up emotions and spoil the life of all the family. Once should learn to live with the circumstances.

Rajendra K Goyal (Expert) 23 October 2013
Agree fully with the advise of learned experts. Continuation of marriage is better avenue for all.

Sudhir Kumar, Advocate (Expert) 24 October 2013
nothing more to add

Hiding of first divorce and remarrying another

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