Chinna Ravi (Business) 06 April 2015

My sister wants to do second marriage

Hi All,

My sister got married in January 2013 in Araya Smaj in Hyderabad without informing any one in the family with my relation, the marriage was done by boy’s mother and sister and boys friends, even they are the relations they did not inform us regarding the marriage at any point of time. We recently got to know about the marriage after two years, my sister says she does not have any physical relation. She says that she went to marriage by forcefully and had done marriage in 1hr and came back to home as if she is going to college by same time. After known to us we thought of doing the marriage again to the same person because of not to get insulted in the society. But my sister says that his is not a good person and has many girls relations he always tried to s*xual have harassment but I never went with him. We spoke to their family members regarding it but they are supporting him which is false and says that girl only came to marry him (which is false if we see this is a preplanned by his sister and mother and his friends). He is used to do black mail my sis by putting the marriage certificate, photos and videos that I will show in your home and bring your family on the roads.

We asked for divorce (mutual consent) but they are not willing to give. Please advise us that how to proceed and we are planning to do second marriage without taking divorce and informing them.

Kindly help on this how to proceed urgent.

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7 Replies

Jayashree Hariharan (Advocate) 06 April 2015

I would not suggest your sister to get married second time without divorce, since it would amount to criminal offence of bigamy. There is proof of the marriage.

But she can approach the court for divorce since they have never been together and their marriage is not consummated

(Guest)

Marrying without getting divorce will lead to many more complications. Bigamy. Property issues. Then headache for children born out of such wedlock as they be termed as illegal ones, EG: NDT.

And even if get divorce, ask sister to marry herself. Spend her own money and get married. Like that she will have at least value for money she spent on marriage if not on husband and the marriage itself.

adv. rajeev ( rajoo ) (practicing advocate) 06 April 2015

Without divorce your sister cannot go for 2nd marriage. So suggestion is that let her file a divorce petition.

Chinna Ravi (Business) 06 April 2015

Hi all, thanks for your advice .. and i need one more suggestion if we do second marriage what kind of complications may come and what kind of cases the boy can put on us.. please suggest. Same this kind of case was posted in the site .. advocates suggested that it is waste of time for him .. be quite let her do the marriage. . Please help me

kiran Pande (SSE) 06 April 2015

Why do you want to chit someone? There would be lots of complication if you move forward for second marriage. Its invite Bigamy, second marriage is not consider as legal wedlock.

The best way is to go for Mutual Divorce.

Born Fighter (xxx) 07 April 2015

Experts have rightly warned against going for second marriage based on the facts stated......

I somehow feel that the querist is not stating correct facts of the case , there are so many contradictory statements. i fail to understand why the sister got secretely married and came back in 1hrs time to attend her college (as if she went for shopping ) and never got back with her husband for 2yrs. Sister denied physical relation , boy harassed his own wife for s*x, then the querist say they wanted to get sister married to the same guy but he and his family was not ready, and on top of it hes not giving divorce...........................

what is the boy expecting then ? he is neither getting to stay with his wife nor asking for money.....

I'm not criticizing someone's private life , but what happens is many times querist try to cover the real facts of the case and seek advice based on what they feel they would be presenting to the court. The case at the evidence stage then takes a different turn when the opposite lawyer during cross examination exposes the real facts to the court.

I would advice the querist to be careful in drafting the matter on paper, how you present the case to court along with evidences will be critical for winning the case.

N R Dash.. (Advocate) 07 April 2015

Contradicting statements do not establish anything to suggest. Be more specific & write the truth to get proper advice. Else do not spoil the dignity of this forum.