whether a wife and husband legally separated can perform afterwards their daughter marraige
dasarivasu
(Querist) 17 March 2011
This query is : Resolved
Please clarify whether a wife and husband legally separated long back (divorced and also married to others ) can perform afterwards their daughter marraige (born to them when they were under wedlock) under Hindu Marriage rites,traditions,customs like wedding cards,Kanayadanam,etc.as if they are wife and husband at the time of marriage though they were not actually?
If the fact of their divorce is suppressed to bride groom and his parents ,shall it amount fraud/cheating if so under what sections?
Guest
(Expert) 17 March 2011
you both can not perform the custom and rites of you community. this can be done only be that spouse who is looking after that girl after you separation. so the person who made the efforts for whole life only he can perform this all.
R.Ramachandran
(Expert) 17 March 2011
Dear Mr. Sachdev,
I do not know where from you say this.
Even after divorce, it cannot be denied that they are father and mother of the bride.
Even in the Invitation, it might have been stated that Mr.... and Mrs.... are inviting for the marriage of THEIR DAUGHTER. No where it would have been printed that Mr. ... and Mrs. ... WHO ARE CURRENTLY HUSBAND AND WIFE ... invite...
The Kanya Dhan is being done by the father.
Therefore where is the hitch?
I do not think not revealing the fact that the father and mother of the bride are divorced, or re-married to other spouses, may or may not amount to suppression, depending upon whether the issue was specifically raised by the bride groom and answered in the 'negative'.
dasarivasu
(Querist) 18 March 2011
The marraige was performed by both as wife and husband though they are legaly separated. Wedding cards are printed as Sri and srimathi and kanyadhanam done by both jointly unde r HIndu Marraige rites!
Dear export pl explore 493 and 496 and say does it not amount cohabitant and make others believe as wife and husband and supression of the fact that they are legally separated and no longer wife and husband and marraige ceremony fraudelently gone thru?
Santosh Goswami,Advocate
(Expert) 18 March 2011
Legally they can't do so.Yes, if no one objects, they could observe some traditional thing by mutual understanding.
valentine thakkar
(Expert) 19 March 2011
in case of separated husband and wife, the children of such marriage are eligible to get maintenance from the father in case of male till he becomes major and in case of the daughter till she marries. Thus, the father remains father even after divorce and therefore he has every right to perform the Kanyadaan. Biological father remains the same and he is a legal father of the daughter marrying and therefore separated spouses can perform kanyadaan.
dasarivasu
(Querist) 19 March 2011
Father can perform Kanya danam? Along with whom? Can he perform it with the wife of another ? does it not amount cohabitant and fraudelent make believe others as wife and husband under 493?
Whether daughter can supress the material facts that her parents got divorced but acting like wife and husband for purpose of her marriage and does it not amount marraige ceremony fradulenty one thru under 496?
The simple and straight question is whether a legally separated parents can celebrate thier daughter marraige under Hindu rites,customs,traditions acting as wife and husband?
Please note only wife and husband can perform marraige of any girl under Hindu marraige rites they need not be essentially parents.
But parents or any body who wish to celebrate shall be legally wedded wife and husband!
