Is the second marriage valid?

Sir, Second marriage is void ... Warm Regards Kapil Chandna Advocate 9899011450

Rajesh Divorce before village panchayath before mediators etc are invalid dat paper of divorce is a waste so 2nd mrg is now void. Divorce in court only is valid. Cell +91-91777-22930

Approach a good lawyer who can try on custom ground.

 1. Marriage  is void , Divorce can be given by only Court no one else . All paper affidavit etc. are illegal and not maintainable. Kangaroo court has no value , Kangaroos are also to be blamed equally as elders. 

2.  Thing about duration which you said of 8 years is also not applicable because even if you don't hear either party known alive  for 7 years as per law you need to approach court and get Divorce Decree under this sub section. And Court may ask for Police report etc. in such cases , whether FIR filled of missing husband etc. .

3,  So Point is your aunt does not have valid Divorce Decree before her second marriage

4. In all this matter,  things could have been sorted out when first and second husband where co-operative and Second marriage was good going. but since second marriage is also going from bad phase , ideas won't work now to put in order things legally . We could have done some trick or idea for better of everyone and sepration legally but it is not possible now be practical and accept reality. 

5. I am sorry but this matter is beyond my legal capcity , But

            1) May be like  two minus makes plus so try making another mistake . Approach Kangaroo court and ask to medidate between your aunt and her second husband and try to bring to compromise. Once there is acceptance of husband and wife. Approach First husband and First husband and your aunt file for Mutual concent divorce and your aunt marry Second huband legally and get registration done. 

           2) This statement put very politely , without anger etc. to bring pressure on Second husband , that you may even use IPC 375 (Rape) against him if he does not compromise for mischief he is doing.

           3) Whatever has happened is totally illegal now with help of kangaroos only and some pressure tactics you take two steps 1) Getting Mutual Divorce From First Husband 2) Pressursing Second one to remove proceedings using kangaroos only 3) Getting aunt and Second husband legally married. 

 For legal steps you need good lawyer who can understand legal criminal consequence as well as further legal complciation if you take Criminal angle to case. 

I feel at this stage Kangaroos , elders only can help. Court will state Marriage void  

 

 

 

 

 

Very Imp

Whatever I told about IPC don't take or approach Police station in person. First you need to approach good Adv. Remember Criminal complaint FIR can not be withdrawn as per wism of parties , It will lead to terrific complication . Min. 7 years is punishment for male . If false complaint is found , women can be also be punished so case has to be constructed tactfully.  Sexual intercourse with promise of marriage is considered Rape by some judgement . At same time Bombay High Court held recently if educated women knowing consequence of keeping relationship will not constitute rape because she totally knows consequence of what she is doing. So whole case requires proper construction with exhaustive Study of such cases . It is like playing with deadly fire. 

 

But can be used orally as pressure tactics 

After thinking some time I felt some thing else additionally

1) See sec 7 Hindu Marriage act says when you take 7 round you are married , so your aunt is married to first husband

2) You can deny that this marriage never took place only because I don't think you have marriage proof like registration etc. (Photo etc. try to keep in safe custody) 

3) This can be done only if you have not filled your written statemen yet . If Written statement to plaint is not filled just deny first marriage . This can delay proceedings . 

4) Additionally it is very difficult to get witness in court this is reality . Most people who attended first marriage will be reluctant , and looking what second husband is doing others won't prefer to interfere much. So you can get advantage if he can not prove. 

4B) If second husband issue court summons to first husband tell him , if he says he married to your aunt , you will start proceeding for bigamy etc. because you have not take divorce. 

5) Easy way deny the First marriage altogether only in court . Tell all is lie and creation of husband to get rid of his wife in vested interest and not to give maintaince and alimony. 

It seems this matrimonial thing is not going to be pleasant affairs for everyone . It has taken Ugly turn , it will disturb the whole family mind and atmosphere. Which step will be correct and which will be wrong itself time will decide. If you take this step and wrong happens people will blame you. If you take that step and wrong happens people will again blame you.

Thing of love and affection has disappeared which is most essential part of marriage. 

I repeat

In Written statement deny first marriage at this stage.

Try to go for compromise with second one only . This is practical thing . Some one quoted above tell your aunty to love her husband children more , may be for children he may get some sense and compromise . Else difficult thing in Court 

Ranee you are 100 % correct , I appology for that comment, This is not way I accept and admit my mistake.

But please even refer to other comments which I posted including last sentence which I repeat again and posted in last post

I repeat

In Written statement deny first marriage at this stage.

Try to go for compromise with second one only . This is practical thing . Some one quoted above tell your aunty to love her husband children more , may be for children he may get some sense and compromise . Else difficult thing in Court 

Complications +++++++++Complications=================== Frustrations...in the end

If ur aunt is of modern thought then ask her to accept the live in relationship and lead her life peacefully for the rest of life. 

Adv. Sandeep Naik