Un wanted marriage
VenkataPeddiraju
(Querist) 26 January 2015
This query is : Resolved
My friend 27 years working women was married to her sister husband in a her home two months back. She was forced to do the marriage stating if she doesn't marry her sister husband he will die(due to mistake happen in Hindu customs). Later she came to know that the marriage was purely commercial purpose and she left the home.Her parents are not supporting her. Now she want to live her own life.
She required to take divorce through court of law. Are she simply ignore the marriage. There are only proffs of the marriage is photos taken on the day and marriage was not registered. Only ten memeber's of that family present on that day
Guest
(Expert) 26 January 2015
You need not consider it at all as Marriage.Consult a Local Good Criminal Side Advocate and File Police Complaint for Forcibly taking the Photographs and misusing the same.
Rajendra K Goyal
(Expert) 26 January 2015
Unregistered marriage, ceremony took place in presence of 10-12 members, is valid marriage. She should try to have mutual consent divorce.
Guest
(Expert) 26 January 2015
A Forced Ceremony is a Criminal Offence with No Legal Validity as Marriage.
prabhakar singh
(Expert) 26 January 2015
The remedy lies in filing FIR that her consent was not free and was obtained using coercion.
However this kind of marriage is not void ipso facto,A suit to declare it void would be required as no annulment grounds laid in
HMA are attracted here.
I think petition of divorce is not the remedy for a party to marriage who claims
CONSENT TAINTED .
Dr J C Vashista
(Expert) 27 January 2015
It is an invalid marriage, rather it attracts bigamy, get it annulled and do not attract the provisions of law for divorce.
P. Venu
(Expert) 27 January 2015
Prima facie, the incident constitutes a marriage ceremony fraudulently gone through without lawful marriage attracting the provisions Section 496 IPC.
Incidentally, was this alliance forced because of the sister's death? If not, the offence of bigamy is also inherent.
malipeddi jaggarao
(Expert) 27 January 2015
Whether the first wife is alive or not - this is important factor to give any advice.
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
The author remains silent despite many experts raising query about the availability of first wife. Though the marriage has been forced upon her and done under coercion, the fact of marriage cannot be denied is one point, however if the first wife was alive and this marriage took place when the first was marriage was not dissolved, then if she wants to get her marriage declared null and void, she may file a suit under section 9 of the Code of Civil Procedure code, 1908 read with section 42 of the Specific relief act, 1963. She has no rights as second wife against the husband in view of section 11 and 17 of HMA and no remedy if her husband is already married with another lady. In common law she has right to file a suit for declaration that the marriage of her husband with second wife is illegal and void.
Apart from the advises from experts and my opinion, you may ask her to consult a local lawyer and proceed as per his/her further advise on the issue.
SAINATH DEVALLA
(Expert) 21 February 2015
Prabhakar Singhji, is right.One thing the querist failed to express about the existence of the first wife.But acording to law if a married man, during the life of his wife, of which he had knowledge, should marry another woman, the latter marriage would be void that is, on that fact being proved, the second marriage would be declared void ab initio.
