Remarriage issue and advise needed
false_case_victim
(Querist) 27 February 2013
This query is : Resolved
My client has remarried a woman while his first marriage divorce proceedings are in progress.
The evidences of re-marriage are :
1. self signed court stamp paper stating that "I have remarried a woman mentioning his and her details (including occupation) and duly signed".
2. Marriage photos taken by a digital camera in a small town temple.
3. Her father, mother and her sister are there along with the remarried couple in the photos.
Now the remarried couple felt incompatible and wanted to get seperated smoothly.
My query is :
What documents should be collected by my client(husband) as undertaking from his remarried girl's side inroder not to get into any kind of future threats or troubles?
Respected lawyers & seniors,
Please Advise.
ajay sethi
(Expert) 27 February 2013
what an id . hritik _ adv_ stud .
the second marriage during validity of first marriage is illgeal, one of the condition provided for a valid marriage was that neither party should have a spouse living at the time of the marriage
Section 17, HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living
just hope she dosent claim any maintenance from you
Devajyoti Barman
(Expert) 27 February 2013
Since the marriage is illegal, they would not require any document at all.
They better part their ways amicably.
Raj Kumar Makkad
(Expert) 27 February 2013
It shall be better if a joint affidavit is executed between both the parties mentioning therein that as the second marriage subsisting first marriage of your client is void as per HMA and this invalidity has come to the knowledge of the deponents after consultation with the lawyers so both of the deponents have decided to part with for ever. This shall be more than sufficient document.
Advocate M.Bhadra
(Expert) 27 February 2013
How funny it is, when a proceeding is pending before a Court.So during the subsisting of first marriage the second marriage is not valid till getting the decree of divorce to dissolve the first marriage,they should live separate.
Rajeev Kumar
(Expert) 27 February 2013
During the subsitence of first marriage. The second marriage is void and illegal in the eye of law and there is no difficulty in parting their ways amicably hence no document required.
