KiranKumar (Software) 07 December 2013

Marry a married girl

Sirs,

I am in love with a girl since an year.But she was married when she completed 18.But she wasnt told me the truth.Now iam in loving her deeply and madly,she also in the same.

Actually when she was 18 she loved a guy and both are eloped and married in a temple and registered it.At the time of marraige she just crossed 18yrs.After that her parents came to know that and took her to home.And the guy was beaten and threaten by girls parents.Girl parents filed a criminal case 366,and 506 on the guy.The case stating,girl was kidnapped by the boy and married her.He know somebody in Register office and he got registered.And another Null and void case also filed by the girl parents..Null and void case moving fast and came to final,but this criminal case has coming for trials now.The boy asking to sign on the criminal case then only,i will sign on the null and void.girl parents are opposite to him,they are asking to sign on divorce then only criminal case.Like that this cases are going.And its not coming to an end.

In the mean while i loved her,she also loved me and attempted sucide too.But girl parents are not agreeing.And they are saying let the cases over first after that we will think and another side they are intensionally leaving the cases for trials.They are not attending and keeping postpone...In this case can i marry her.If i marry her,what are the problems will occur.Kindly suggest me.

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6 Replies

Laxmi Kant Joshi (Advocate ) 07 December 2013

1. As you know she is already married and her case are pending in the court , if you will marry her knowingly then her husband get the chances to file cases upon you and her , her husband will file a case u/s 497 ipc for adultry upon you and upon her wife u/s 494 ipc for polyandry .

KiranKumar (Software) 07 December 2013

Thankz for the reply Sir,

But She only filed a criminal case against him (IPC366,506) like he kidnapped me and married without my concern.And its been 2 years but case wasnt cleared yet.Is there any alternative to get marry her or have to wait until the case finished??.Kindly suggest me sir.

Laxmi Kant Joshi (Advocate ) 07 December 2013

i suggest you to forget her don't spoil your life in indulging such court and police matters , search another girl for you and marry with her and be happy in life , if you will not listen then most probably you will named as next victim, therefore don't dig .......for yourself , rest upto you .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 December 2013

second marriage is prohibited and an offence of bigomy

(Guest)

The essentials of a Hindu Marriage are that:

(1)neither party has a spouse living at the time of the marriage;

(2) at the time of marriage, neither party (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity or epilepsy

(3) the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage;

(4) 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

(5) the parties are not sapindas (one is a lineal ascendant of the other) of each other, unless the custom or usage governing each of them permits of a marriage between the two. Since, as you have stated her previous marriage has been declared null and void, she is not legally married to anyone at this moment.

As such, she is entitled to marry. You may marry her however, it would be better if you do so with the consent and permission of your in-laws.

–Regards

Advocate Pooja

www.lawkonect.com

KiranKumar (Software) 31 December 2013

Thanks for the reply mam,

They filed it as Null and void as well as criminal case.Both are still in court,Not yet cleared.And the bride filed a case against to the parents,to send my wife...Cases are still pending.So please suggest me madam. Iam getting mad.I cant leave her and cannot marry her.And Girls parents are not agrreing at all for our intercaste marraige.They are very much bothered about caste and money...