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Marriage

Guest (Querist) 03 September 2015 This query is : Resolved 
hi,

please suggest what can be done. the person whom i love is married but is not living with his wife from the day of his marriage as he has job outside and the girl is living with her original parents not even at the home of the boy. as the girl is uneducated and the boy has done MBA he did not want to live with her. His parents forced him emotionally to marry the girl. But till now he has not seen her not even talked on call with him. And this information is also confirmed by his parents that the boy was not ready and we forced him.

as we both like each other can we marry each other. the previous marriage has no relation like husband or wife they have not even seen other after marriage.

please suggest.
Guest (Expert) 03 September 2015
You cannot marry an already married person. My suggestion is that illicit relations should be discontinued, as liking each other has no relevance until the boy gets legal divorce from his wife. Both of you can be friends only.
Guest (Querist) 03 September 2015
Respected Sir

as searched on net , can this marriage be considered annulled on grounds of forceful marriage and not living together for more than two years??

the boy is having no relation with the girl. what is the sense this marriage. and why dint the girl or her parent at the time of marriage asked him to bring her home with him or to live with her. its almost three years now he was married in year 2012 and now in 2015 her parents are forcing him to bring the girl.
when he wants to move forward in his life.
Guest (Querist) 03 September 2015
on what grounds he can file divorce.
Guest (Expert) 03 September 2015
Sense or no sense of marriage, we have to see the legal sanctity of the marriage.

For grounds of divorce he has to find himself or should consult some local lawyer. Any fake ground should not be expected to be suggested by the experts here, particularly from me.
Guest (Querist) 03 September 2015
Thank you sir.. we will consult local lawyer..
But also the grounds are not fake I hope we can file divorce on the ground mention above.
adv. rajeev ( rajoo ) (Expert) 03 September 2015
Unless there is a divorce you cannot marry him. For divorce it requires solid grounds. If he is living seperately from wth wife since 3 years, he can apply for the divorce on the ground of desertion.
Guest (Querist) 03 September 2015
yes sir he is living separately since his day of marriage.
but now the girl parent are forcing him to bring the girl with him.
But as the girl is uneducated and also very small in age from him. he did not want to live with the girl. As his parents forced him as a result now he has left his home also.
We are in Govt Job so he is scared that if he will file a case he will loose his Job.
Guest (Querist) 03 September 2015
its more than 3 years they were married in year 2012.
Guest (Expert) 03 September 2015
Job of the husband out of the marital place does not mean desertion by wife. If the husband has not taken her at the place of his work, the desertion can be on the part of the husband, not on the part of the wife.
Guest (Querist) 03 September 2015
Sir
what should he do. he is not ready to accept her. what else he can do that he has not cheated anyone. it was all the mistake of families who put emotional pressure on him.he was studying when the marriage took place their was no power in his hand. in fact he got failed in one of the subject because of all these things.

their is no way for him for his rights. It means his life has ended. because he can not do second marriage as he is still married and for the 1'st wife he is not at all ready to accept her.

i beg sir please suggest something what can we do.
SAINATH DEVALLA (Expert) 03 September 2015
In addition to the valuable suggestions give by the Lr.Legal Experts,I would like to add that :
Dear Anonymous(meaning of Anamika),

Were U aware that he was getting married in 2012?

Were U in love with him before his marriage?

If UR love was so deep and devoted why didn't U make efforts to stop the marriage?

Once he has married her why should U involve URself whether they are leading marital life or not>

Is it not their headache?

Why do U intend to ruin the life of them and also URs by Ur acts?

When he is not divorced from his wife how can U marry him,it is nothing but adultery?

It is for them and the elders to find a solution for their marital life,and if in future if they opt for getting separated legally,then U have a chance to enter his life,if U R not married till that time.

Guest (Querist) 03 September 2015
Sir

no sir i have meet him in job. not before.

ok if you all thing this not right i will step backward. and wait till he gets divorced.

But what about him as an individual.
SAINATH DEVALLA (Expert) 03 September 2015
So UR so called love started after knowing he was married?

Forget him,get married to a good guy and lead a happy life.

This is my advice as an elderly person.
Guest (Expert) 03 September 2015
Ms. Anamika,

Your question, "but what about him as an individual, is quite irrelevant." Is he illiterate on account of which you are asking all the questions on his behalf. Let him meet some local lawyer and discuss the problem, if he is really having any.

You should have been concerned with your own problem.

Guest (Querist) 03 September 2015
Sir he is his visiting lawyers.
But as I come to know about this site from google I thought I can get some suggestions. Thank u all for valuable guidance.
My love doesnt started when I come to know that he is married. I was unaware of this fact.Its his honesty that when I asked him to marry he told me the truth.
I will pray that the right should happen.
Rajendra K Goyal (Expert) 03 September 2015
Marriage with a married person with out divorce while first wife is alive is illegal.

It may land the man in trouble.

Fake grounds of divorce to the innocent girl for no fault of her, and for the pleasure of you both need to be discussed with your lawyer.
SAINATH DEVALLA (Expert) 03 September 2015
So it was a one sided love from U in the beginning,Has he told U that he was married only when U proposed?

Beware of the legal consequences that U might encounter in future,which could be imminent.
SAINATH DEVALLA (Expert) 03 September 2015
Anamika,

U just posted another query "VOID AND VOIDABLE MARRIAGES", what do U have in store,playing with the valuable time of the legal experts.
Guest (Querist) 04 September 2015
@ k goyal sir
Sir may b girl is innocent but here victim is the boy of forcefull marriage. The laws will support the girl . But the fact is that the boy tried to attempt sucide just second day of marriage because it was done forcefully as he was not ready to marry an uneducated girl who is small in age to him. Both the families played with emotion and life of their children's. Because of the promise done by their elders without the consent of boy or may b without the consent of girl also.
Guest (Expert) 04 September 2015
Legally the Person is a Married Person.Any Relationship with him would be Illegal and Obviously Would Lead To Adultery.If you are interested to Join him Let him File Legally and Obtain Divorce and Then You Could Proceed.Since and Just because his wife is Un Educated He can not Disqualify His Wife.If you are A Good friend to the Boy Help and Guide Him to get united to his Wife With Out Taking Advantage of It.How would you Feel If Your Husband For example Disqualifies with any of these Silly Reasons.For example In Case the Boy is bedridden Or Sick the Un Educated Wife Would be With Him Always and Others would Just Fly.
Guest (Querist) 04 September 2015
yes sir we will process while keeping in mind the laws.
but please sir do not support this that the boy should adjust. when a girl at today's time look for a well educated boy why the boy cannot dream to lead a life of his choice. today everyone need a compatible partner who can support him in his field and with whom he can plan a bright future.
the parents need to understand this and should stop forcing their child. this leads to gap between the relations and unnecessary mental tension. and thus the children are trigger to take wrong steps like suicide and etc.
Guest (Expert) 04 September 2015
Before 30 years the Family Courts would be Vacant Now It is almost a College Hall.No One is ready for a Long run.These are all Silly and stupid reasons for the Boy to attempt Suicide.Un Educated Can Not be a Hindrance to a Pleasant married Life.
Guest (Querist) 04 September 2015
respected sir , agreed that its more like a college hall.
but why it is a stupid reason? it is the decision of whole life. When a girl commit suicide it is assumed that she has been torched mentally or physically and boy or family are put behind the bars. but when a boy is frustrated and finds no way other then suicide it is stupidity. why sir ??
each human has right to marry the girl or boy of his or her choice. then why parents force their children and why law always is in favour of girl though the victim is boy.
Guest (Expert) 04 September 2015
All these the Boy should have Realised before Marriage.Now he can Not betray his wife for these reasons.
Guest (Querist) 04 September 2015
Sir
he was a student at that time pursuing his graduation. he opposed but his mother and dada ji said if you will not marry her we will burn ourself. to save there life he has to sit in marriage. Moreover being a student that time he was having no idea about the laws.
and most importantly why after 3 years the girl parent are asking him to bring her home why not immediately after marriage.
Guest (Querist) 04 September 2015
Sir
he was a student at that time pursuing his graduation. he opposed but his mother and dada ji said if you will not marry her we will burn ourself. to save there life he has to sit in marriage. Moreover being a student that time he was having no idea about the laws.
and most importantly why after 3 years the girl parent are asking him to bring her home why not immediately after marriage.
Guest (Expert) 04 September 2015
When You Claim an educated Boy to be Innocent the Girl the Wife being Un Educated Should be More Innocent.Advise them to have a pleasant Life and Request the Boy to Keep her Happy the Girl being his Parents Gift.He would understand the Value of his wife in the Long Run.
Guest (Querist) 04 September 2015
sorry sir ,
every child is a gift to parent whether a girl or boy.
we can not challenge the law. but will also not let this to be done. today is he . if he accept her this practise will never stop in future. the parents will keep forcing the children. Today is one person suffering if not stopped then 100 will suffer.

we may not win in court but it is necessary to fight for our right.

Guest (Expert) 04 September 2015
Being Uneducated is Not A Disqualification For Marriage.The boy should not try to take advantage of it more over he would be disappointing his parents also if he doesn't live with her.Could you Explain why your good self Show So much of Interest In their Separation.
Guest (Querist) 04 September 2015
Sir
Request you to please look the other aspect also. why are you defending the parents. why are you not looking after the concern of boy.

is forceful marriage is acceptable in Hindu Law. ??
Guest (Expert) 04 September 2015
In these days Is It Possible to Force an Educated boy to Marriage with out his Consent.If at All as per your statement it happened just because of his Parents Force what is the Mistake of the Poor Girl.
Guest (Expert) 04 September 2015
Please Do Not Mistake Me If at all you have any Intention to Marry that Boy Better Avoid It.If at all he could Try To Get Rid of His Legal Innocent Wife with some invalid Reason How Long It would Take for Him to Repeat the Same.More Over Your family Life Would Start with out the Blessings of his Parents and In the Tears of his Wife.
Guest (Querist) 04 September 2015
Sir what is the mistake of boy ?
should he had allow his parents to burn ??
then he is right ?

again my question is why dint the girl parent ask to bring the girl immediately after marriage ?? why now after 3 year they wake up.the girl is living with her family since the day of marriage.

you are defending only the girl and parent and not looking after the consent of boy.

Guest (Expert) 04 September 2015
Ms Anamika,

It seems as if you are much more eager to get married with the boy than the boy himself, irrespective of whether your marriage is treted as void!

You have posed a very vague question, "why are you not looking after the concern of boy," in response to the reply of Shri N.J.S. Rajkumar. In this respect, I would like to point out, it is not he, rather you are not not looking after the interest of the boy. Besides annulment of your marriage without his divorce, the boy can gfget in to unimaginable trouble and will also have to pay a hefty sum regularly every month in the shape of maintenance to his wife for the whole of her life, irrespective of whether divorced or not. In that case, only you would be responsible for creating problems for your boy friend.

SO, WOULD YOU BE READY FOR THAT EVENTUALITY ON CONTINUATION BASIS TILL BOY's LIFE? If so, you are free to take any step to ceremonise your marriage.

In fact, you are unnecessarily stretching the thread for and on behalf of the boy, which clearly reveals that only you are eager to get married with him.
Guest (Expert) 04 September 2015
You have already said the Boy was a Student at the Time of Marriage.The Separation is Obviously the Sacrifice of the Girl Not to Disturb her husband's Studies.
Guest (Querist) 04 September 2015
Form past two and half years his is doing Job.
he was student and in the final year of his studies. he got failed in exam because of all this mental tension. he has to pay the fee for re examination. all the small financial and major mental sacrifice has done by boy.


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