Second marriage
Mohammed Vaid
(Querist) 30 April 2017
This query is : Resolved
My brother in law is going ahead with second marriage. I need to know is there any provision in law where i can get any surety from him for my sister's future expenses and her children.
I need a legal surety for her since I don't believe in him.
He is not divorcing her but I fear that he may not meet her expenses in future post his second marriage.
Sudhir Kumar, Advocate 
(Expert) 30 April 2017
your sister by virtue of being his wife already has a legal surety.
Guest
(Expert) 30 April 2017
Your worry is quite relevant, as legal surety in theory and surety in practice are two different things. Legal surety is a distant thing and has its own cost till it is achieved by the hands of a court of law. Delay in such things may prove to be more costly or even disastrous in life of a woman.
So, at first with the help of elders of both sides try to have a formal agreement with your brother-in-law to take care of your sister's needs by proper upkeep and meeting with her proper maintenance even after his second marriage.
If he does not become ready for some written agreement better take stay order from the competent court of law showing your doubt of not meeting with the maintenance of your sister and compel him compelled before the court of law to enter in to a legal agreement for the upkeep/ maintenance of your sister.
,
Hemant Agarwal
(Expert) 30 April 2017
1. "preemptive apprehensions" (hallucinations/worries) have no place in law, as made out.
2. HOWEVER, a "irrevocable indemnity bond" for a particular sum can be executed by the Husband, in favor of Wife, with all the relevant strategic clauses. This Bond would be legally enforceable in a court of law, as and if required, by the Wife.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 30 April 2017
I may like to differ to some extent with the opinion of Shri Hemant Agarwal with the reason that apprehensions in practical life do arise out of behaviour of human beings.
In general, may that have no place in law, but still law cannot be expected to remain a silent spectator till some mishap actually occurs. It becomes moral duty of law to make or support preventive measures also avoid mishaps.
So, the law is also bound to come to the rescue of some hapless person to avoid any perceived mishap, if presented appropriately before that is allowed to happen. So apprehension of the querist cannot be dismissed without knowing the actual background.
Kumar Doab
(Expert) 30 April 2017
To your specific issue, Mr. Hemant Agarwal has suggested in specific.
Kumar Doab
(Expert) 30 April 2017
You may explore Mr. Hemant Agarwal suggestion at 2.
Financial security is one of the paramount concerns.
You may also obtain opinion from scholars of your sect/sub-sect and check if personal law that applies in your case also provide for measures in such cases.
Kumar Doab
(Expert) 30 April 2017
Mr. Sudhir Kumar has pointed to rights of legally wedded wife.
Mohammed Vaid
(Querist) 30 April 2017
We fear that he may transfer his all properties in his second to be wife name and may stop taking care of her needs.
I understand that this is all we are assuming but is there provision in law by which I can secure her financial needs.like by asking him to transfer some of his properties in her name before his second marriage?
Kumar Doab
(Expert) 30 April 2017
One can: without in sense and form of coercion,intimidation,threat,force..............etc etc
There is nothing like amicable settlement on essence of logic and justified reason.
If you, anyone,everyone, elders, well wishers, scholars, leaders of your sect/sub-sect etc ..... can deter him from 2nd marriage on essence of logic and justified reason, nothing like it.
Your sister (1st wife as in this thread initiated by you) and her relatives from both sides , elders from both sides have full reason to look for and ensure well being, security of future needs of her and her children.
Mohammed Vaid
(Querist) 30 April 2017
We did all but he is not isno mood to understand.i approached experts as the last option. This discussions is going on since last one month. I had a word with his relatives and they are in his support. Stating that if he can afford maintenance of 2 homes then what's the problem. This logic and reason is not digestable for us.
Guest
(Expert) 01 May 2017
In the Family Court of Mumbai in an unprecedented Order has restrained a Muslim-US-returned Paediatrician from marrying for second time till he settles the Rights and Dues of his wife
Guest
(Expert) 01 May 2017
" The Law and religion do not permit a Muslim man to Perform another marriage as of a right by defeating and delaying the rights of his first wife " said Honorable Judge SwatiChauhan in her May 13 ,2015 Order.
Guest
(Expert) 01 May 2017
Consult A Local Good Senior Advocate of Women's Forum available in all the Courts and Refer the Above Judgement mentioned and obtain a Stay for your brother in law's second marriage and I am sure your Sister could have a Safe Remedy.
