Relating to marriage
dr.pritam mohanty
(Querist) 03 January 2012
This query is : Resolved
hi goodmorning
i m in a problem i need a help i m elaborating a case regarding my brother
my brother came in love with a married scheduled tribe lady married to a muslim earlier but staying apart and she has not divorced him after 4-5 months of relationship my brother and she went to a temple and my brother put sindoor to the forehead of the lady without any rituals and no witness and decided to marry her but due to family problems they cant marry.now the lady had divorced her husband ,i also dont know whether my brother has done any physical relation with the lady now my question is 1.is my brother wil be regarded as married 2.is only application of sindoor infront of GOD without any rituals and saptapadi and registration is sufficient for a valid hindu mariage 3.can my brother marry by my parents choices
4.now the girl is divorced can she file a case against my brother by telling that she is married on the basis of sindoor only with no witness and rituals ,i dont know about physical relationship but if it is done then what will be the problem 5.explain in detail
V R SHROFF
(Expert) 03 January 2012
Dr. Pritam,
I answered an earlier query today, pl read:
Dear Alok, had very positive attitude: May be TOO POSITIVE.
IT CAN WORK FOR NORMAL CASES
However, in such RESERVED SPECIAL cases, to improve upon MAY TAKE CENTURIES.
By the time save families, save India.
Power & post given are misused. And honest peaceful persons suffer: We handed over Administration of Justice and Police/ Court/ Politics in their hand. Reservation for JOb/ Education Dr. Judges/ and where not?
Bless God there is no COMPULSORY reservation Quota fixed for marriage THEM also!
If someone collects Data of Such Marriages, and publish it's Result , and opinion of their Family Members, whether they are happy with their DIL and Publish it, can be eye opener for such boys planning Love Marriages, and guide them to choose Bride.
My intention is HAPPY MARRIED LIFE for all, AND NO DIVORCES – NO MORE HOUSES BREAKING , DUE TO MISMATCH.
AS IT SPOILS THE ENTIRE PEACE HAPPINESS AND HAMONY OF A WELL ESTALISHED FAMILY AT THEIR EVENINGS OF LIFE TO SEE JAIL U/S 498A & DV ACT AND WHAT NOT??
AS SUCH ATROCITY ACT IS VERY DANGEROUS, A MERE STATEMENT & YOU ARE ARRSTED.
“please suggest me what should we do?”
Suggestions:
[1]Keep cool,
[2]Do not mention her caste or use bad words with her, or her relatives, to protect you from Atrocity Act.
[3] If you fear for Atrocity Act, keep voice recorder ON, nearby, so sh will not be able to lodge false Complaint.
[4]To cure may be difficult, so if all are unhappy, remove the root cause of unhappiness.
[ As such all concerned are unhappy with this unmatched relationship; Let both be happy, by proper selection. House Exchange, not house breaking]
Honey, Keep Honey, not stone covered with honey, it only break your teeth. Glass bottle of Honey should not contain hard stone inside, it may break glass bottle also. Then only broken glass piece remains with stone, Honey is gone on Floor, with minute glass pieces, useless. Let honey family bottle be safe & Happy. Remove unwanted stone from it, before it broke your bottle.
Will think later for more actions. points.
Adv Shroff
03-01-2012
Dr. Pritam;
In your case, your brother did not marry that Lady.
Your family can arrange to get your brother married elsewhere, if all of you so decide
Any children she has?? .
YOUR BROTHER’S DECISION IS BINDING & FINAL. Your brother has to decide.
Adv Shroff
03-01-2012
Devajyoti Barman
(Expert) 03 January 2012
1. No
2. Yes but both the parties need to be unmarried.
3.Yes
4. Yes but she would need to show the false date of marriage after the date of her divorce.
Deepak Nair
(Expert) 03 January 2012
As per the details stated by you, the lady was already married to somebody else at the time of putting sindoor by your brother. therefore, this cannot be considered as a valid marriage as per the Hindu Marriage Act.
The experta have already advised you correctly regarding the legal position.
But it depends on your brother to take the appropriate step.
Sanjeev
(Expert) 03 January 2012
Legally the marriage is not valid as the women was not divorced at that point of time.
But the position is that your brother knowingly did the marriage with her since you now dont want to continue the relation for whatever reasons - so are analysing the legality of the wedding.
Cases cannot be avoided the women when aggrieved by your brothers act of withdrawing from the relation may file a civil or criminal complaint.
A person is bound by his deeds he cannot simply withdraw from his commitments which he did even if not valid at that time and if he do so be prepared for any bounce back actions by the aggrieved which cannot be analysed at this point.
Sudhir Kumar, Advocate
(Expert) 03 January 2012
Your queyr is incomplete. You revealed that the lady is ST you did not tell whether she is Hindu Muslim or Christian. Assuming she is hindu. Still the marriege isvoid as she was married on that date and physical relations can be presumed thereafter. So your brother is criminally liable for adultery on the allegatio by her ist husband. If it is presumed that her fisrst marriage was valid one. Then your brother beleived that lady to have been married to him and the marriage actually was not there. Physcical relations in such case will amount to rape and she can fix him at least for rape. If her first marriage was not valid then such liability is not there and the marrige of your brother with this lady is binding. In such case if your family members actually knowing this background abet your brother's marriage elsewhere without dissolution of this marrieage then he is now liable f=criinally for bigamy and you whole family including all Bratis and Pandit can be criminally charged being abettors on complaint by this lady. Even if both marriages of this lady are void then also law recgnises right of alimony even inlive in. Do not think that you can just walk away from this issue.
prabhakar singh
(Expert) 03 January 2012
Nothing more from needed to be added.
Raj Kumar Makkad
(Expert) 04 January 2012
If the lady was not divorced at the alleged time of Sundoor ceremony then this is not a valid marriage otherwise there is no need of rituals for a valid Hindu Marriage. If this is not a valid marriage then your brother is free to marry as per his choice or the choice of ur family. The claim of that lady can be got contested on various grounds even if physical relations had been established. However, some problem may have to face if she comes against your brother.
Shonee Kapoor
(Expert) 05 January 2012
This is not a valid marriage.
Rest I agree with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
