Forced marriage

There is nothing to be depressed or suicidal about this matter. Contact a good local criminal lawyer and proceed accordingly.

one if he is a hindu cannot keep two wifes at one point. There is no question of this marriage being valid. Get hold of a good lawyer.

Yes, I understand, if Hindu, one cannot keep two wives. Can we register a police case directly for forcing and cheating?

Also, as Akash mentioned, there is no question of this marriage being valid, do we need to follow the process to seperate from this guy with his consent as if in a normal divorce case or can we just go ahead and file a case from our side and still it will work in our favour?

I am sorry, if I sound naive, but I am really naive in legal things.

Thanks for advising. I am really greatful.

Raj..

Yes, I understand, if Hindu, one cannot keep two wives. Can we register a police case directly for forcing and cheating?

Also, as Akash mentioned, there is no question of this marriage being valid, do we need to follow the process to seperate from this guy with his consent as if in a normal divorce case or can we just go ahead and file a case from our side and still it will work in our favour?

I am sorry, if I sound naive, but I am really naive in legal things.

Thanks for advising. I am really greatful.

Raj..

Even when hindu man is legally married, he is nobody to give "consent" for divorce. It is for the courts who decide and give divorce. When legally no marriage is allowed to already married hindu man, the question of filing divorce case does not arise. The girl is free to live and marry as she likes. Since you have mentioned that, he forcefully took her to a court and made her sign papers for marriage by threatening her of many things, I am assuming that his constant threats, intimidations etc. to you and the girl are causing misery and curtailment of your liberty, therefore a complaint with police can be lodged. Before approaching police, it would be better if you consult an experienced local lawyer as he can help you write the complaint in a proper legal manner so that finer points of the law are taken care of.

Thank you very much for your valued advise. This really helped me. The girl's father has approached a local lawyer and that lawyer is filing a mutual seperation case by stating in the papers that this marriage was done by force.

The old guy is ready to file the seperation mutually by saying that he will come back once he is divorced legally. Is her dad going in the right direction in this way? I guess, the case of filing seperation does not arise at all as you advised above. The lawyer has advised her dad and her to come to file the petition this way by tomorrow 12.00 PM. Please advise

Thank you very much for your valued advise. This really helped me. The girl's father has approached a local lawyer and that lawyer is filing a mutual seperation case by stating in the papers that this marriage was done by force.

The old guy is ready to file the seperation mutually by saying that he will come back once he is divorced legally. Is her dad going in the right direction in this way? I guess, the case of filing seperation does not arise at all as you advised above. The lawyer has advised her dad and her to come to file the petition this way by tomorrow 12.00 PM. Please advise

I cannot comment on what the advocate is doing since I have not read the petition. It is always best to politely ask your advocate as to why he is following a certain strategy etc. etc. to satisfy yourself. If you are not satisfied with the reply, you can always have a second opinion of another advocate. Probably he wants the marriage to be declared void. The very first condition under Hindu marriage Act 1955 is that neither party has a spouse living at the time of marriage. So this condition is obviously not fullfilled. I quote the relevant sections from the Hindu Marriage Act 1955 below:

5-	Conditions for a Hindu marriage.
	A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

		(i)	neither party has a spouse living at the time of the marriage

11-	Void marriages.
	Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

17-	Punishment of bigamy.
	Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly.

The entire Act can be read at https://www.netlawman.co.in/acts/hindu-marriage-act-1955.php

Thank you very much sir. I will update you with my case as it moves ahead tomorrow. From what you have mentioned, it seems a case which is very much in the girl's favour since she has been cheated, forced, incorrectly informed of the legal facts that the marriage is void if the signed paper is tore etc. Plus, the man is already having a wife with 2 kids and not divorced.

 

Thank you again.

Raj..

The advice you received from the lawyer is totally unprofessional, unethical and legally wrong.  Contact some other really good advocate who knows criminal law and matrimonial laws.  It is also required to know exactly what happened with your g.f.  The version seems to be not 100% true.  Even then, she is victimised.

The following documents require thorough scrutiny.

1.  The papers the employer got signed by your g.f. in the court.  Next before whom these documents were attested?  Before the Notary?  Then they are not legally valid. If these papers were submitted before the marriage registrar and marriage was solemnized, then the marriage is invalid for the reason he has already a living wife.  The other ground is she was forcefully taken to the court and without valid consent she was forced to sign on those papers.  If the marriage was registered, then the offence committed by the employer is bigamy, for which the punishment is 7 years imprisonment (There is one more severe offence is going to be put against him, and that I discuss later on).

2.  The separation paper got signed by your advocate.  Again it is a fraud.  If this paper is attested by notary, it has no legal  validity.  In a null and void marriage, (where the man has already a living wife, he cannot go for another marriage), separation agreement has no legal validity.  For your information, separation, declaration of null and void of marriage, divorce can be passed only by the judge of the rank of Additional district judge and above.  Notaries, oath commissioners sit in the compound of court have no right to give such orders and they do such fraud quite often.

  If the employer had physical relation with your girl friend after forcefully getting her signature in the court,  then the offence of rape can be put againnst him, which is very serious offence and it is very difficult to him to get even bail. 

The complaint properly drafted by an honest and expert advocate can be filed in the concerned police station either by your g.f. or her parents and you are not entitled to file such complaint.

Engage a good advocate.

Thank you for your advise sir. Yes, the lawyer turned out to be the same type you have  suggested. He abused the girl's father when he went to take back the papers of seperation. Also, he has kept the marriage documents that we r trying to get void saying he vl only give it back once we pay him 30K.

I have thoroughly read your points and I know one thing that it was filed with a notary by that man and not inside the court premises.

Yes, the employer has committed bigamy. He still lives with his wife as normal and get out in the morning straying for girls and requesting love whole day. He even visits the house of the gal and threaten her parents that he vl still take her away even if we get this void certificate. So, its turning out to be a long term issue for this gal.

As far as physical relation is concerned, I never ask her such questions. She is already under deep depression of hurting her parents and my feelings. But yeh, she said he did try many times but didn't succeed.

If you can please tell, now as I know many things about law for this matter, I know this marriage is void. Still, we need to follow the court process to get the void marriage certificate etc. So, now if we are visiting a fresh lawyer, should we simply state the issue and request him to get a void certificate for this marriage?

Sorry, if I am dumb here!

Also, her dad accompanies her to lawyers's places and he in turn informs me of the proceedings. The previous help did really help us in taking the earlier case of seperation back from that faking lawyer. I thank yours all advise very much. I have no words to thank you all enough for these help.

Raj..