Marriage
kunal bhardwaj
(Querist) 27 October 2014
This query is : Resolved
Dear Sir,
my hindu cousin was want to marry with muslim girl in 2009.they were go to kali mata temple and taken snaps of each other opposite the kali mata murti. In the snaps he put sindor var mala to her head. No hawan was happened. Only they take snaps to show off the marriage to their parents. after that day they left each other due to the parents pressure. My first question is that this marriage is valid or not .
Secondly after sometime he is married with hindu girl in 2011 after disclose the first incident to her. three years have gone.presently due to some problem she left the house and file the complaint against him that he is already married and have not taken divorce to first one .
PLS REPLY ITS URGENT
ranjan kumar
(Expert) 27 October 2014
as per Hindu marriage act, saptpadi i.e. seven steps around sacred fire is essential along with other customs.
In your cousins case such essential customs were not followed hence it can not be called a solemnized marriage.
V R SHROFF
(Expert) 27 October 2014
Marriage is invalid with muslim girl.
Hindu girl marriage is valid, and her allegation that he is already married is morally right, not legally.
Affairs & live in relation like h-w cannot be denied, though not married.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
Agreeing with Mr Shroff, I will add as under
The Muslim girl could have alleged rape. your cousine has induced her to live with him by falsely making her to believe that she is lawfully wedded wife.
His marriage with Muslim girl according to hindu rites (without her conversion) is void.
Though technically the stand of actual wife is not sustainable but she ha s right to object about not being made ware of his past live in.
kunal bhardwaj
(Querist) 27 October 2014
Dear sir my cousin second marriage is love marriage the couple was worked together one year and they had taken decision of marriage after one year. they were seven to eight people worked together in that company . they also know that cousion told everthing to her. he disclosed everything to her.ansd she is aware of all the incident . my question is this witness is sufficient or not .
Shailesh Kr. Shah
(Expert) 27 October 2014
disclosing wrong to anyone, does not amount that he is not doing wrong.
G. ARAVINTHAN
(Expert) 27 October 2014
to make the marriage as a valid one, make in registered under the provisions of the Special Marriage Act
ajay sethi
(Expert) 27 October 2014
you should deny that you had married earlier . as mentioned earlier if girl was muslim marriage is void . both have to be hindus for valid marriage
Rajendra K Goyal
(Expert) 27 October 2014
Repeated query. Many threads started on same subject query by the author.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 27 October 2014
I agree with expert sethi n further add that going to Kali mata, putting sindor,garlanding each other n taking snaps does not constitute performedmance of valid marriage that too Muslim n Hindu. Two, complaint will not stand
malipeddi jaggarao
(Expert) 29 October 2014
The boy should know that it is practically impossible to marry a muslim girl and they will not allow this under any cost.
Coming to the problem - that is not a valid marriage as experts explained above.
second - "the muslim girl may trouble the boy by implicating in false cases" - it will not happen. She also might have got married by this time or even otherwise her parents will not allow restoration of any relation either good or bad with boy. Hence there is no threat from the muslim girl's side.
Third - The marriage with his own colleague which is a love marriage - problems are not because of earlier relation which is known to her. Problems are some thing different. If the girl threatens boy to initiate action/cases as he did not disclose the first marriage, let her prove that the marriage took place with the muslim girl. She cannot prove.
Filed a complaint -with whom she filed complaint? If it is with police, the boy can plead that no such marriage took place and whatever happened to made known to the girl before marriage. The boy's colleagues can give evidence stating that the girl knows everything and now falsely implicating the boy because of some other reason.
Finally - Find out the reasons for this development and rectify if any wrongs are with the boy's side and try to save the marriage. The boy already failed to marry a girl of his liking, if this marriage is also failed, he will have to lead his life singly. Hence do not take any hasty step. Find out the reasons, analyse them, rectify the wrong of boy's side, if there are any problems with the girl, had a talk with her, because it is love marriage, there will be definitely access, settle the problem amicably with all love and affection. Otherwise both the boy and girl will be losers. Forget about the affair with muslim girl. They will not create any problem at this stage.
ajay sethi
(Expert) 29 October 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
A marriage between a male and a female of two different communities/religions can be held only under special marriages act hence even if it is accepted that the alleged marriage had taken place in the Kali temple, it is null and void having legal validity. Second time when he married a hindu girl under hindu marriage act remains valid, but the second girl's complaint will not be maintainable.
