Marriage Status
Parthasarathi Loganathan
(Querist) 19 April 2011
This query is : Resolved
I have recently come across the following incident, which happens to be in a colleague's family, and I would like to know from experts from legal perspective:
The gist of the case, to my knowledge, is as below:
A christian lady, (did her PG, worked at big institution at Vellore, NGO at Yelagiri etc), aged around 30, fell in love with a Muslic boy. The affair went on for a year and they decided to marry. He insisted to get registered marriage and accordingly the marriage was
registered six months ago. He is ownig and running a guest house and above the guest house (which comprise of 2 or 3 floors).
Towards expansion of the guest house, the lady has helped him with some financial support. On the top floor/terrace of the guest house, the lady has been accommodated and lives. On the pretext of looking after the guest house,
he frequently excused staying overnight (most of the days). While staying with her, he used to get some phone calls and in front of her he used to speak in urdu and she never understood. Being personal call she never bothered.
She was not happy with the way he behaved and his interest in her personal life or sex life. Hence their married life has started having problems.
Now she has come to understand that the man is already married with two kids and are staying with his mother in the same city, may be less than few kms away from the guest house.
She spoke with her first wife and it seems she has asked this lady to come and stay with her. Or take the kids with you I will go away from your lives etc.
Now this lady is no more interested in the marriage.
My Query:
1. What is the course of action she needs to take?
2. What is the legal status of the marriage in the light of above?
She is obsolutely no idea what and how to proceed.
Kindly advise.
A V Vishal
(Expert) 19 April 2011
In Islam it is not obligatory for the husband, if he wants to take a second wife, to have the consent of his first wife, but it is good manners and kindness to deal with her in such a manner that will minimize the hurt feelings such thing might produce. So it’s incumbent on the husband to be kind to his wife, discuss the matter with her in a gentle and pleasant manner, and this should be coupled with spending whatever money may be necessary in order to gain her acceptance of the situation.
2. What is the legal status of the marriage in the light of above?
Ans. It is a void marriage.
What is the course of action she needs to take?
Ans.If the marriage was registered under the Special marriage act then the lady of lots of options to take action against the man.
Jitendar Kumar gupta
(Expert) 19 April 2011
here he married under special marriage act so the lady shoud not worry. she has got rights to take action against him.
J.K.Gupta ADv.
guptajkin@gmail.com
Parthasarathi Loganathan
(Querist) 20 April 2011
I need more specific legal opinion with case laws and citations under Special Marriage Act. Please guide.
Srajadvo460
(Expert) 20 April 2011
Since you are the second wife the marriage is null and void and you can approach the family court. Under the special marriage act extracted hereunder:
The Special Marriage Act, 1954
24. Void marriages. -
(1) Any marriage solemnized under this Act shall be null and void any may be so declared by a decree of nullity if -
(i) any of the conditions specified in clause (a), (b), (c), and (d) of section 4 has not been fulfilled; or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clause (a) to (e) of section 15.
Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.
4. Conditions relating to solemnization of special marriages. -
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:-
(a) neither party has a spouse living;
(b) neither party is an idiot or a lunatic;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship; and
(e) where the marriage is solemnized outside the territories to which this Act extends, both parties are citizens of India domiciled in the said territories.
Debasish Hota
(Expert) 21 April 2011
The lady can opt for criminal case against her husband for deceiving her. I think there is no remedy under civil law , since the marriage is void one , even if that was registered .
