please help me
arun kumar
(Querist) 15 September 2013
This query is : Resolved
Dear sir,
I am writing this letter on behalf of my younger brother as my family is facing alot of trouble and having less knowledge about law we are finding it very difficult to cope up with situations.
Sir my brother fell in love with a girl in college and rand ran away from home and married with the girl in court. The girls father lodged an FIR against him for kidnapping their married daughter later when asked the girl told to my brother that she hided this secret as she dnt liked her previous husband whome she was married earlier in native as our family did not accepted this marriage we have not allowed them to enter our home and avoided any contact with them so my brother nd that girl started staying elsewhere but as per my brother the girl has actully fooled him as she wanted complete freedom after seeing her modern lifestyle, unruly conduct, torture my brother left her and started living sepratly so her family members have taken her into their home and now they are torturing us by sending lawyers (who know everything except law) that our family has planned all this and they want urgent marriage openly. We have told them that we are not in contact then they are threatning us that they will forcely enter the girl in our home irrispective of my brothers presence when we contacted our brother he is saying that he dnt want to be with her and wants to give her divorce on the grounds that she is already married and have not told me about this . Sir they are thretning us that to destroy us i am yet unmarried so how we will accept her. Please suggest any legal remedy will be very greatful to u.
A. Kumar
V R SHROFF
(Expert) 15 September 2013
ARUN,
how many of your brother married a already married Girl??
YOU STATED few MONTHs AGO"
"the Girl is staying with me and no one of us is staying in their parents.
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 threatening 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!
The marriage is in court and unless you are volunteering to be in Jail for making wrong declaration, you cannot seek nullity of marriage.
She has a right to force entry in the house where you are living.
his 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.""
You yourself do not know that it is YOU who married a married girl?
you want to hide facts, of your own marriage, and asking our help, hiding Vital Fact with so many LIES!!!!
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.
Please guide me that in mutual divorce where i have to file the case and how long the procedure takes.
YOU ARE NOT CLEAR IN YOUR MIND
YOU WANT TO CONFUSE OTHERS TOO, WASTING OUR TIME
YOU REPEATED THIS QUERY WITH FALSE STATEMENT THRICE.
YOUR OWN STATEMENTS ARE FALSE AND CONTRADICTORY.
YOU ARE NOT COMING BEFORE THIS LCI EXPERT FORUM WITH CLEAN HANDS AND WASTING OUR TIME.
CAN U EXPLAIN YOURSELF FOR OPENLY TELLING LIE AND ASKING OUR HELP??
Ph go thru your own Queries and your statements.
What reply can we give, when if your Query itself contradicts, and unbelievable.
V R SHROFF
(Expert) 15 September 2013
COME OUT WITH REAL FACT. , If u want us to help u.
ajay sethi
(Expert) 15 September 2013
answer the queries raised by mR shroff . please summarise your case in brief . lengthy queries are not replied to .
Sudhir Kumar, Advocate
(Expert) 15 September 2013
please refer to http://www.lawyersclubindia.com/experts/legal-opinion-408911.asp#.UjVb3n_Qzmk
COME CLEAR WHETHER IT IS YOU OR YOUR BROTHER.
Dr. Jyothi Vishwanath
(Expert) 15 September 2013
Clarify the issues raised by senior experts... Till then no replies...
arun kumar
(Querist) 15 September 2013
Sir, I agree that i am confused and my mistake was that the first query i asked on my name was actuly pertains to my brother and the facts were partial and unclear in nature as it was pretended by me but it fell wrong and i deeply apologies for previous query but to summerize all this please consider the below facts.
1) My brother married to this girl through court and after marriage he came to kno that she is already married in her native she hided this secret as she wasn't happy with that.
2) Previously we insisted the girls family for open Social marriage but they kept denying .
3) My brother started living sepretly with the girl and was not in our contact.
4) recently the girls family members came to us and told us that my brother has left that girl and is not living with her and also said that they are ready for open social marriage.
5) When contacted my brother he told us that the girl has fooled him as by staying with her he observed that she is not actully the person whome he loved she is cruel and dominating and he cant live with her anymore.
6) Now her family members are targeting us to keep the girl in my home irrispective of my brothers presence( He is not staying with us) otherwise they will forcely enter her.
Sir, I only want to know that on what grounds my brother give divorce to her? Is this marriage justified? Can they forcefully enter the girl in our home? Any other legal remedy.
Dr. Jyothi Vishwanath
(Expert) 15 September 2013
If brother has proof of her earlier marriage,He needs no divorce from her.
As she is already married at the time of marriage with the brother, her second marriage is invalid and with no effect.
If the family members of girl try to harass you, you issue a legal notice to girl for case of bigamy under section 495 IPC.
Once have a meeting with them and tell them all fraud was played on brother.
Be strong. Support the brother and he need not hide as all mistake is of her.
They cannot forcefully enter the girl into house as she is stranger to the family. You can also sue them for tresspass.
All this is possible only when you have proof of her first marriage.
If you lying about her first marriage,
then different advice is required.
arun kumar
(Querist) 14 October 2013
Mam ,
The girls father has himself recorded an statement in police station that her daughter is already married and for study purpose she was living with her parents the police had given us the copy of the same can this be considered as a proof.
arun kumar
(Querist) 14 October 2013
Mam ,
The girls father has himself recorded an statement in police station that her daughter is already married and for study purpose she was living with her parents the police had given us the copy of the same can this be considered as a proof.
prabhakar singh
(Expert) 14 October 2013
1)When girl marrying your brother was already married,her marriage with your brother,even though done in court, is void and illegal for which NO DIVORCE DECREE IS REQUIRED.
2,3,4,5&6)In view of the fact that girl is already married,in no circumstance ,she can marry anybody else,unless she obtains a divorce decree against her previous husband.
your brother needs no decree of divorce in case existence of previous marriage is proved.
Let previous husband file a petition of restitution of conjugal rights against the girl if you can manage as it would bring down much of your headache .
