Married to maternal cousin's daughter
Anil
(Querist) 30 August 2015
This query is : Resolved
I got married with one of relative in july 2015. But very next day girl return to her parents as her parents were threatng of suicide. Now she doesnt want to come back. My qtns is if i file rcr case and
if i win rcr case, and then too she refuse to return my home, wht will happen :
1 does she has right to file divorce and marry another man
2 does she has right to demand maintainance?
SAINATH DEVALLA
(Expert) 30 August 2015
Hardly one month of marriage,but U mentioned in UR titl emarried to maternal cousin's daughter,can U elaborate?
Kumar Doab
(Expert) 30 August 2015
Elaborate the relation in query too.
Anil
(Querist) 30 August 2015
Hello sir, yes i got married to my relative., woh meri mausi ke beti ki daughter hai. Thts why everyone opposed our marriage, but we did court marriage without informing parents. But next day her parent were threatng of suicide and my wife insisting me to let her go to moms place. And once she reached there since then taking agaist me. I guess she is brain washed. Demands devorce from. I m very unlucky man i married upon girls word but she didnt keep her promise. I feel like cheated all the time. Please advice if such marriage in relatives are invalid by law? If yes then no use of fighting for her by RCR
If marriage is valid then i suppose to file RCR and want to win it.
Let me know wht benefits RCR can give me
Thank u pls advice
SAINATH DEVALLA
(Expert) 30 August 2015
So U have married UR maternal aunt's daughter.Maternal aunt's are of two types(1) UR mother's sister and (2) UR mother's brother's wife.To which category does the girl belong?
Kumar Doab
(Expert) 30 August 2015
The querist has posted that:
"woh meri mausi ke beti ki daughter hai. Thts why everyone opposed our marriage, but we did court marriage without informing parents. '
It is daughter of mother's sister.
It is court marriage!
Anil
(Querist) 30 August 2015
Sir i made typo error above, m sorry i got married to my mother's sister's son's daughter. In hindi," woh mere mausi ke bete ki daughter hai " i think now its clear. Pls guide
SAINATH DEVALLA
(Expert) 30 August 2015
Mother's sister's son is UR maternal cousin brother,his daughter would be also a daughter to U.(As per the relationship),that's why the elders opposed it.How do U justify the marriage?
Anil
(Querist) 30 August 2015
Yes i knew this relation but we fell in love and since age difference was not more we both decided to marry. I cant stand against society and fight for my wife coz its immoral marriage. Let me know if marriage is valid by hindu marriage law.
Anil
(Querist) 30 August 2015
Sir pls reply
Sudhir Kumar, Advocate
(Expert) 31 August 2015
it is not only immoral but illegal as well.
for registration you might have needed to hide facts.
malipeddi jaggarao
(Expert) 31 August 2015
The relationship comes under Degree of Prohibited relationship as per the Hindu Marriage Act, 1955, you might have suppressed facts before the Sub-Registrar while registering your marriage.
SAINATH DEVALLA
(Expert) 31 August 2015
Legally no solution,morally against traditions and human values.Elders are right.But were the elders of both the sides not aware of UR so called love with a girl who in line was also a daughter to U?
Anil
(Querist) 31 August 2015
We didnt register. I tell u, first i went to the lawer then he asked our doucument. Few day later he asked us to come in bandra court. We went there with 3 witness. Then a pandit performed marriage in a temple. After that we had to sign a bond paper which has notery stamp. Next day we showed tht document to police and they said ok. We didnt hide our relation either to police or lawyer. We know tht society diesnt allowed such marriage between relatives thts we did from court. We didnt had any idea about law since we we already follwing it through lawyer. I guess we mess up everyrhing.
Sir, please advice me how to overcome from this since girl will not come to my home.
Also if we file for annulment of marriage then will court panish me and her for marrying wihtin relatives?
Pls reply
Anil
(Querist) 31 August 2015
Sir she 20 n i m 23, she never treat me as uncle either. Our tradition openly allowed us to marry with Mama's ( mother's brother's) daughter. So we thought they will accept our marriage after some day.
But things are going worse now. Even girl changed her opinion after i allowed her to go to her mom's place
Anil
(Querist) 31 August 2015
Elder's knowing the fact that we are dating. and girl had asked her mother for the permission for marriage. But she denied and threaten her. So after few months we married without informing our parents.
Rajendra K Goyal
(Expert) 31 August 2015
Keep mum for some time and after move as elders want, it would be helpful in solving the problem.
Kumar Doab
(Expert) 31 August 2015
You have posted that:
"Our tradition openly allowed us to marry with Mama's ( mother's brother's) daughter"
How it is so?
You belong to which community and caste/sub caste?
Anil
(Querist) 31 August 2015
Hindu maharashtrian
Anil
(Querist) 31 August 2015
Please confirm my marriage is void by HMA 1955? My maternal grand parents are her paternal great grand parents.
SAINATH DEVALLA
(Expert) 31 August 2015
Now at last U have come out with the correct facts.UR marriage is under prohibitory relationships as per HMA. Legally not valid.Marriage with mother's brother's daughter exists only in south india.In the west and north it is prohibited.
Anil
(Querist) 31 August 2015
Sir i repeat, i married to my mother's sister's son's daughter. If its not valid then will court panish me or her?
Sudhir Kumar, Advocate
(Expert) 31 August 2015
you have made the girl to falsely believe to have been legally married to you and induced her to have sex with you. definition of rape is complete.
that pandit and witnesses can also be taken in as abettors.
malipeddi jaggarao
(Expert) 31 August 2015
Persons falling within degrees of prohibited relationships:
Section 3(g) of the Hindu Marriage Act, 1955 defines ‘degrees of prohibited relationships’. It provides as follows:
Lineal ascendants are to be seen from both sides, i.e. from the father’s side as well as from the mother’s side. So both the father and mother are lineal ascendants. Similarly father’s father is a lineal ascendant whereas mother’s mother is also a lineal ascendant. But a paternal grandmother is not a lineal ascendant but the wife of a lineal ascendant and hence would fall under clause ii. Similarly a maternal grand-father would fall under clause ii being the husband of a lineal ascendant. Clause ii would also cover daughter-in-law and son-in-law being the wife and husband respectively of one’s lineal descendants i.e. son and daughter respectively. A paternal Aunt (Chachi) and a maternal Aunt (Maami) would fall under clause iii and two siblings along with other relations described in clause iv also fall in degrees of prohibited relationships.
Formal annulment of marriage whether necessary:
Another question that arises in marriages falling under any of the above conditions is whether it is essential to get such a marriage annulled through a decree from a competent Court of law or is there no requirement for such a decree as the marriage is illegal and will not become legal if no Court pronounces upon its illegality? Different Courts seem to have answered this question differently. Reference in this regard may be made to the following judgements:
Void marriage – No declaration under sec 11 is necessary though same can be asked for, for the purpose of precaution or record.
AIR 1967 Pat 277; 1967 Cri LJ 1176
(1991) 72 Cut LT 619; (1991) 2 DMC 424 Orissa
Marriage which is void ab initio does not effect or alter the status of party and neither party is under any obligation to seek declaration of nullity.
1981 Rev Dec 324 (All)
Where a woman was married to a person having his spouse living, marriage is void under section 5 of the Act, 1955. Woman cannot be treated as spouse and included in family unit. The mere fact that parties have not approached the Court for declaration as contemplated under S. 11 does not alter the position.
(1978) 1 APLJ (HC) 360
Going by the above judgements, it is not necessary for a party whose marriage is void under sec. 5 of the Act to apply formally to a Court of law for decree of nullity of marriage. Here however the following judgement need also be studied:
A marriage though null and void for contravening any of conditions prescribed by sec. 5 has yet to be regarded as a subsisting fact and that in that sense it could not be said to be non est in law or a nullity as long as it is not declared to be null and void by a decree of nullity on a petition presented by either party against the other party to marriage.
1981 All Cri R 294 : 1981 Cri LJ (NOC) 191
The ratio set in this judgement seems to be in conflict with the earlier judgements. The Court in this judgement has very expressly recognized the need for a formal declaration by a competent Court pronouncing a marriage in contravention of relevant provisions of sec 5 to be null and void.
With all due respect to Courts which have delivered the above judgements, it is submitted that it is always better to get a marriage formally declared null and void by a Court of competent jurisdiction so that the fact of solemnisation of marriage (though void ab initio) is countermanded by the subsequent act of getting that marriage annulled.
MAINTENANCE:
Another significant question that now arises is whether the wife whose marriage is void under section 11 of the Act can claim maintenance from her husband of that void marriage. The Supreme Court has held that where a marriage is void, wife cannot claim maintenance under sec. 488 CrPC [sec 125 under the Act of 1973] (AIR 1988 Supreme Court 644). However it is a generally accepted rule that even in such cases, the wife is entitled to maintenance under sec. 18 of the Hindu Adoptions and Maintenance Act[(1985) 2 Hindu LR 425 : (1985) 2 DMC 251 (MP)] and also under section 24 of the Hindu Marriage Act 1955 [(1990) 2 Div Mat Cas 594 : (1991) 1 Hindu LR 56 (MP)].
In your case, you are worried about the punishment. You are not worried about the repercussions. If either of you or both of you go for annulment of marriage, it is known to public and after annualment, going for marriage with this social stigma is not so easy that too because of the unnatural behavior of both you.
Legally no punishment for annualment of such marriages is prescribed. But socially, both of you will be treated differently, especially for the girl, it is more difficult.
As regards Maintenance is concerned, this question might not arise as she/her parents are not interested in such litigation.
You have to find off-the record solution in the present situation.
SAINATH DEVALLA
(Expert) 31 August 2015
Just tell me one thing,did U have physical relationship with her,either before the so called marriage or after?
Anil
(Querist) 31 August 2015
Yes we had after marriage.
Anil
(Querist) 31 August 2015
Is annulment need to publish in news paper?
Kumar Doab
(Expert) 31 August 2015
You are posting again and again: "i married to my mother's sister's son's daughter. "
Which law permits marriage between this relation: " mother's sister's son's daughter".
Hope you have understood now!
The parents of both sides are willing to resolve and girl has also understood.
Now you are to be amiable and resolve as already advised.
Get out of this relation and focus on your future.
Rest is upto you.
Anil
(Querist) 01 September 2015
Agree that eveyone will point out me.
Please Advise whats is good for me.
Is it ok if i go for annulment or till her parent go for annulment? Also if marriage is void by law then what happens to marriage expense, jwellary, sexual relationship ?
Please reply
SAINATH DEVALLA
(Expert) 01 September 2015
Off late he has come with all the facts.I presume he has received adequate advices and suggestions.The future of the girl is at stake as they already had physical relationship.If he desires to continue his life with his cousin sister,only option for them is to run away to an unknown place and lead their life.The girl too is equally responsible for whatever has happened.
He he still wants to sort out the matter legally he has to approach a local lawyer and take his assistance.
Hence the query could be closed.
Anil
(Querist) 01 September 2015
Dear All, thank you so much. All the advices mentioned above helping me to overcome from weakness caused due to this love marriage. Since we were in relationship before to marriage, it was impossible for me to forget her. But i realy respect law and its now clear law doesnt allowed such marriages so this is enough reason to leave my niece as per parents wish. I definitely follow your advice and will settle in future,
You guys are doing wonderfull job here from lawersclubofindia. You all explained me the reason so my mind is now ready to forget my love and all the pain burden i faced. Earlier i had revenge in my mind abt girls parents but its realy miracle tht revenge turns into sympathy.
Keep the good work on all the best !!!!!!
Sudhir Kumar, Advocate
(Expert) 01 September 2015
Also if marriage is void by law then what happens to marriage expense, jwellary, sexual relationship ?
ANS ;
EXPENSES you can be made to pay
JWELLERY she will keep even if marrige is illegal
SEX already elaborated you can be guilty of rape.
SAINATH DEVALLA
(Expert) 01 September 2015
Why revenge on our own maternal aunt? After all they are a part of UR family.They are worried about family traditions and society.Just imagine their position in the society.Society blindly propagates gossips.
Anyway U have realized the grave mistake committed by U.If the girl has decided to start a new life,never ever try to come near her.That would get U engulfed in many more problems even legal hurdles.
Anil
(Querist) 01 September 2015
How can be treated it as rape, it was mutual understanding.
T. Kalaiselvan, Advocate
(Expert) 05 September 2015
The marriage is void hence better apply for annulment of marriage on the same grounds.
Sudhir Kumar, Advocate
(Expert) 05 September 2015
when a lady is made to believe lawully married (while she is not) and her consent is obtained then it covers definition of rape.
V R SHROFF
(Expert) 05 September 2015
1 does she has right to file divorce and marry another man
FILING DIVORCE MEANS ACCEPTANCE OF MARRIAGE: it will help you.
2 does she has right to demand maintainance? AGAIN IT WILL HELP YOU. IF SHE DEMAND MTN. SHE AGREE RELATIONSHIP.
IF SHE OBJECT: YOUR MARRIAGE IS VOID. NO NEED FOR DIVORCE OR RCR.
BEST WAY: ACCEPT THE WISH OF YOUR RELATIVES. HINDU LAW DO NOT ALLOW: MEDICAL SCIENCE PROVED: CHILDREN BORN WITH MENTAL & PHYSICAL DEFECT: AVOID PROHIBITED MARRIAGES..
SHE IS YOUR SISTER!!
Kumar Doab
(Expert) 11 September 2015
The experts have given valuable and wise advise.
One should avoid stigma that is associated with any act in society where one lives and the burden such act places on family.
>>> You have posted that you are 'Hindu maharashtrian'.
Can you prove that such marriage by a legally recognized custom?
>>> There is a mention of custom in the Central Govt Act also...............
The Hindu Marriage Act, 1955;
http://indiankanoon.org/doc/635068/
Sec 5. A marriage may be solemnized between any two hindus, if the
following conditions are fulfilled, namely:-
(iv.) the parties are not within the degrees of prohibited relationship unless the custom or usage governing
each of them permits of a marriage between the two;
>>> Therefore if custom permits it................then one may need to establish that there is a custom.
