Validation of void marriage

@ Sameer12345

"495 and 494 applicable to both Petitioner and Respondent in above scenario."

Here the lady's first marriage was not performed according to hindu rites and ceremonies.

Our client's 1st marriage was performed according to hindu rites and ceremonies.

For attracting 495 and 494, the aggrieved party must establish that the earlier marriage was peformed in accordance with hindu rites and ceremonies in due form.

She can able to prove; but our client is unable to prove as such. At the best he can file 420.

Therefore opp lawyer is bold for compromise or else criminal prosecution.

Point 1 : As you said previously that lady's has Divorce Deed from her first marriage? That would be consider that she is married earlier. 

Query 1: is second marriage and/or first marriage is registered?

Point 1 : As you said previously that lady's has Divorce Deed from her first marriage? That would be consider that she is married earlier. 

She admits her 1st marriage but denies in her counter that it was not solemnised as per rites and ceremonies which are the points to prove 494 and 495. Then only question of punishment will come. Our client husband's 1st marriage was celebrated as per rites and ceremonies.

Query 1: is second marriage and/or first marriage is registered?

As per her deed of divorce submitted before High Court, it is learnt that it was registered before concerned temple authorities.

2nd marriage was not registered.

Now the opp lawyer askes Rs. 5 lac to the wife as permanent alimony and Rs. 1500000 to the child. The lady and her child agree not to claim anything as against our client's properties and future earninings. Insisting for mutual consent on the agreed terms. Our client wishes to don't want to indulge in further criminal proceedings as he is a busy man. We explained this divorce under 13B is also not legally valid under HMAct. But the mutual agreement for consideration on mutual consent is valid.

"She admits her 1st marriage but denies in her counter that it was not solemnised as per rites and ceremonies which are the points to prove 494 and 495."

Have you made lady's first husband as Respondent?

Bring him too into the court. It is necessary. Wait and watch. His statement will also be consider. 

No.

Now only came to know the name of her 1st husband from her divorce deed.

If you haven't made 1st husband as respondent than your Petition for Void Marriage will be dismissed after sometime or some years.

To day's development.

The lady wish to agree in the memorandum of compromise that she and her child will not claim any right over the property of our client husband. They both confirm that all of their claims/rights are settled in view of permanent alimony and maintenance to the tune of Rs.20,00,000/- and they further confirm that they have no further rights/claims. They have no past, present and future claims. They will not claim partition in our client's property and future earnings. They agree that they will not file any suit, petition, complaint or proceedings before any court of law for any claim or right.

For the sake of minor child she insists to file 13B. Our client is in willing mood to resolve the conflict in the alternative mode and quicker disposal.

My questions:

If she and her child agrees so as mentioned above in the 13 B petition and MOC, will it bind them?

Is it termination of marriage (!?) or validation of marriage?

Lady has made her mind to settle the things mutually so quicking within a month because there is nothing left in her hand. She and her child can get ONLY some money on monthly basis or one time settlement decided by judge of court.

Whatever if client is wishing for quicker disposal, ask lady to file joint petition for Void marriage with the same conditions. Make her understand that going for MCD will trouble both the person in future. Make her understand that get the Divoce Decree from her first husband too.

Applying for MCD is useless.

for filing 13B, valid marriage is a must.

in ur case, 13B is not applicable at all.

Then how to avoid criminal cases like 495 and 494 and domestice violence act...?

The lady is adamant in 13B...

Our client is not willing for criminal cases...

criminal cases, evenif filed by her wont be maintainable.

both the void spouses are equally defaulters.