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(Guest)

Second marriage issue

Dear All, 

I got married in 2009,when i was 19 years old & that marriage was not Registered. But My Marriage life was not at all happy & that marriage ended just in 4-5 months, That person left me & went & i have a daughter in my 1st marriage. And i was not having any kind of contact with that person after he left me. I was just continueing my job & i was staying with my parents & Daughter. And In 2012 i met person who was also working with me in the same organisation, Very soon he become an close friend of mine & he was 13 years elder than me. And he proposed me & was ready to accept me & daughter also. And after a 4 years of relationship, we both decided to marry. And Feb-2016-28th we both married in front of our Office friends & collegues. And after the marriage when his family came to know about our marriage, They were insisting me to apply for divorce for my 1st marriage. So i applied for divorce in april 2016 & Got Ex-parte Divorce in Jan-2017, Now after arranging all the documents, My Husband Family & Husband changed completely & Telling they will not accept me. And They are telling the 2nd Marriage happened is not valid & Hence what ever happens they will not accept me. The pathetic thing is that my husband also changed completely& Avoiding me. If am going to my husband place to meet him. His sister & in laws are not letting me to meet him. 

And They are telling, They may apply for Annulment of marriage it seems. So i dont know what i should do next. But as it is my 2nd marriage & By knowing evrything he promised me & accepted me. So i dont want to spoil this life at any cost. And i wanted to live with him. I have all proof for marriage Happened. like marriage Photos, Invitation, Marriage hall booked receipt etc. And i have all my friends & collegues who are eye witness for marriage & our relationship. I have a SMS & Call records of my husband were he clearly mentioned. That he ill never cheat me & he also mentioned that he will be with me forever what ever happens. 

 

Kindly Suggest me what kind of remedy can i take to make my present marriage legal & want to live with my husband. 

 



Learning

 24 Replies

stanley (Freedom)     27 March 2017

@ Sangeetha 

Your second Marriage is invalid as you got Divorce in 2017 and got married in 2016 .Even if you have the invitation card office collegues as witness etc it is of no use everything goes against you .Now you cannot force anybody or even your husband stay with you . Its better to live your life and spend time bringing up your daughter .  

1 Like

(Guest)

But.. At Least can take some action against him. Bcoz By knowing he cheated me.

stanley (Freedom)     27 March 2017

@ Sangeetha 

Legally you are in trouble as action can be taken against you as per the below mentioned section . Hence it is better to just remain quite and lead your life with your child .

 

Sec.494 of IPC says:   Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, and shall also be liable to fine. 


(Guest)
Originally posted by : Sangeetha
But.. At Least can take some action against him. Bcoz By knowing he cheated me.

You dint bother to go behind the Original husband, now dupilcate husband does not want you.  Where you faltered you know better.  I need not point it.  With this story if you go to some Ad ocate, that will become another blunder if he or she tries to use you in some other way.

 

Relationships are like rose plants, they have thorns as well as flowers, for you to get flowers, you need to care for them and nurture them by watering them regularly, take care of them.  If you simply sit, it will dry and fall apart.

 

If some A  ocate tells that he will give justice to you, it be false, dont make a joke of yourself by appraoching court of law and dont fall for another fellow just like that.

 

Marriage should be done at proper age.  at 18, 19 a kiss will only get you high and you will spread legs wide enough to enjoy.  Marriage needs maturity not just physically but mentally.  Patience, forgiveness and adjustment only help nurture the rose plant of marrige.  The more you put these, the more flowers you will give.  Now you have child and want father for it, nature does not work this way.  You simply have to take care of child and  be happy.

 

Dont know what upbringing you will give to it, that too girl child.  God help you.

If it were to get right, it would get right the first time itself, not like this.  In marriage, once a failure always a failure?  You can try another time, but for that you should get a person who should accept you the way you are with all your part 1 and part 2 stories and be ready to give you part 3 as  a story.  And you should not be fed up also of all this jumping from one tree to another tree which I doubt and you want revenge??????

Dr. Atul [9013898936] (Lawyer, Scholar)     27 March 2017

There is somethng strange about this narrative. The second guy married her in 2016. And did an about turn AFTER her divorce in 2017 !!! It almost sounds as if he came to know of a subsisting first marriage only after the divorce.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 March 2017

There are several points in this case even mutually contradictory.

1. If the second husband did know of your first marriage, (at least he knew that you had a daughter,) and he had s*xual intercourse with you, what he did amounted to adultery under Section 497 IPC and the punishment could be seven years jail. You are not punishable under Section 497 or under any other law for this offence.

2. From your narrative I conclude that not only your first husband left you in 2009 but you did not know of his whereabouts until your second marriage in 2016. Had you taken any action under Sec'125 Cr.P.C. against your first husband for desertion? I presume that you did not. If a husband is missing for 7 years and you did not know of his wherabouts it can be presumed that he was dead and you become eligible for a second marriage, if you want. But in February, 2016 probably you were technically short of 7 years. What were the grounds on which you were granted ex-parte divorce in 2017, it is only March, 2017 now?

Unlike some others here, I believe your narrative. I do not want to presume things. You are a victim of injustice by both your husbands. Your second husband had acted in bad faith. Generally mindset and laws in this country favours women and yours is a deserving case. You can approach an NGO which works for women or women's cell with the Government, depending on where you are. Get a good woman lawyer and fight the case. My heartfelt sympathies are with you. Good Luck.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 March 2017

Unfortunately it appears that all others who advise you are typical MCP's. Do not get disheartened.

stanley (Freedom)     27 March 2017

I Disagree with MPS Ramani based on his pre assumptions .


(Guest)

Thank You Mr.Ramani...  

 

U r obsolutely right on certain points, My 1st Husband when he left, I had been to police station to complaint about him, that police was not ready to take any actions in this case, and also he was not even a good guy, He was jobless & full time drunker, and his family in kanyakumari where my parents tried to contact them, But no any informations & even his parents were not interested to take back to there home. And once i approched a lawyer about my case, But they said before 1 year of marriage cannot apply for divorce. And My daughter born, i was jobless & i was dependent for my parents. So, Financially we were facing problem. So i did not approached for divorce that time.  And in 2011, i joined a private organisation, where i met my present husband. And since from 4 years my daughter calling him dad. He was so genuine person & he convinced me a lot for this marriage. And after the marriage, In june his health was upset & he has undergo a major surgery. i was the one who was taking care of him in hospital for 15-20 days i signed for his operation as a wife. Later his family came in to the picture, And his sister had come to my home, spoke with my parents & she told to arrange for a divorce copy & she also promised me that she will make our relationship legally. But as they expected i applied for divorce & got divorce paper. So now evrybody started showing there real face. 

And only me & my family are taking the mental depression. Only bcoz of my daughter am unable to take any kind of wrong decision, And all this non-sense took place just from 15-20 days.


(Guest)

When i applied for divorce, that my 1st husband did not appear in front of court even after the 3 summons. And hence after proving the evidence the judgement is granted for ex-parte divorce.

 

stanley (Freedom)     27 March 2017

From today onwards i will address you as 

@ MPS Ramani ( FCP) 

You seem to me like a women centric personality holding on to her chaddi and licking her feet giving her false advise . The worst of all licking her feet an calling us Male Chauvinist pigs (MCP ) .

Today i have to address you as a (FCP) Female chaunisit pigdevil as you seem to be out of your mind when author of the post is stating that first husband left her and is not tracable you are telling her to file crpc 125 i think you have fallen short of telling her to file DV and sec 498 A you Female Chauvinist Pig . your assumptions and presumptions are irrevalent wether first husband is dead first you have to get the facts clear before addressing and than you talk about womens cell as though they are the law cool.lol do not get disheartened FCP is coming in like Rajnikant as to do in films changing his clothes like a lawyer to fight your case surprise 

1 Like

(Guest)
Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
There are several points in this case even mutually contradictory.

1. If the second husband did know of your first marriage, (at least he knew that you had a daughter,) and he had s*xual intercourse with you, what he did amounted to adultery under Section 497 IPC and the punishment could be seven years jail. You are not punishable under Section 497 or under any other law for this offence.

2. From your narrative I conclude that not only your first husband left you in 2009 but you did not know of his whereabouts until your second marriage in 2016. Had you taken any action under Sec'125 Cr.P.C. against your first husband for desertion? I presume that you did not. If a husband is missing for 7 years and you did not know of his wherabouts it can be presumed that he was dead and you become eligible for a second marriage, if you want. But in February, 2016 probably you were technically short of 7 years. What were the grounds on which you were granted ex-parte divorce in 2017, it is only March, 2017 now?

Unlike some others here, I believe your narrative. I do not want to presume things. You are a victim of injustice by both your husbands. Your second husband had acted in bad faith. Generally mindset and laws in this country favours women and yours is a deserving case. You can approach an NGO which works for women or women's cell with the Government, depending on where you are. Get a good woman lawyer and fight the case. My heartfelt sympathies are with you. Good Luck.

Where have you provided a solution to the Lady?  Is going to a NGO a solution?  One cant take decisions as they like and then approach court of Law.  It was for the lady to approach court of Law and take divorce if the person went absconding and then remarry.  The lady does not even know meaning of marriage where she tells that first marriage was not registered.  Is registration of marriage the only way to confirm a marriage?  Marriage is meeting of minds and not just meeting of bodies and a paper document.  She herself is not moral and you call me MCP?  That is you.  MCP actualy MC.

Though Law came into existence later.  Our Dharmashastra tells us to be moral before anything.  And our Laws are based on our Hindu Dharmashastra dont you agree? 

Why are you simply showing way of NGO which wont yeild anything.  Where will adultery section apply here?  A woman cannot file case on adulterer stating that he commited adultery. She cant file rape case also as s*x was consensual.  Proving fake marriage is a dream altogether.

There is much more that what meets the eye here or the second guy simply backed off due to force by his family.  Such a guy would have backed off at some point or other for sure.  Such guys are not trust worthy.  It is good that he went off by himself than leaving her after a decade of having s*x.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 March 2017

It appears that you are in Tamilnadu. If so please let me know where exactly you are. Send me a PM if you like, with your email id if you have one.


(Guest)

Am Not in Tamilnadu


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