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dasarivasu (retired)     15 March 2011

Divorced man and woman can preform their daughter marraige?

Please clarify whether a wife and husband legally separated long back (divorced and also married to others ) can perform afterwards their daughter marraige (born to them when they were under wedlock) under Hindu Marriage rites,traditions,customs like wedding cards,Kanayadanam,etc.as if they are wife and husband at the time of marriage though they were not actually?

If the fact of their divorce is suppressed to bride groom and his parents ,shall it amount fraud/cheating if so under what sections?

 



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 18 Replies

snow (xxxxxxxx)     15 March 2011

 

If legal obligations are kept aside for a while,

 

How can u hide such a thing for ur child's would be in-laws and hubby, it may lead to serious consequences if they come to know about this after marriage.

 

On the other hand as u said u both are married again will ur respective spouses agree for this.

 

Please don’t do any such foolish thing which will bother ur daughter.

dasarivasu (retired)     15 March 2011

It happend in our case. We were cheated by bride's family.On the other hand they have filed 498 a against us to cover up thier fraud.

What is legal recourse? Can we file 420 and other cases(?) against them?

We have their divorce papers in our hands now.

manjit kalra (system eng)     15 March 2011

can file annulment on basis of fraud

Arup (UNEMPLOYED)     15 March 2011

Please clarify whether a wife and husband legally separated long back (divorced and also married to others ) can perform afterwards their daughter marraige (born to them when they were under wedlock) under Hindu Marriage rites,traditions,customs like wedding cards,Kanayadanam,etc.as if they are wife and husband at the time of marriage though they were not actually?

 

----       yes to Kanayadanam.  in wedding cards, showing husband and wife, will be illegal, but not punishable under any act, but may repark within the present spouses.

Arup (UNEMPLOYED)     15 March 2011

If the fact of their divorce is suppressed to bride groom and his parents ,shall it amount fraud/cheating if so under what sections?

------- hma sec 12(1)(c). - fraud.

the bride may get problem in future.

not suggested.

better tell the groom and his parents in writting and get a receipt of that. this will avoid the future problem. there is a chance of canceling the marriage by groom & his party.

Arup (UNEMPLOYED)     15 March 2011

Can we file 420 and other cases(?) against them?

yes.

CA VK Dwivedi (Job)     15 March 2011

I believe this happened with your son whose mother in law deserted her husband and got settled in US but at the time of marrige of her daughter (your daughter in law) she told you  that she is staying with her husband (the one whom she deserted) and not prompting your daughter in law to leave her husband (i.e your son) settle with her in US . whereas you son works in Thailand.

This is case of cheating if you can prove that they were not in wedlock when your son got married  to their daughter. 

I would suggest to consult a good advocate as your case is peculiar one. Here you will get 100 advice from 100 people and you'll get confused.

I read your case, and i have all sympathy with you.

Vikash

dasarivasu (retired)     15 March 2011

Exactly.

I have filed third party affidivit and obtained  certified copy of thier divorce in 2000.

My son marraige took place in 2007 with all videos/photos/wedding cards/lagna patrika/Marraige certificate etc..proving their involvement 100%

Now supressing all these facts these cheats have filed counter case against us under 498a and subjected us to untold sufferings . We have swallowed all insult and humilation but the scapegoat in this evil game is my grand son whose fate is in danger in the hands of would be stepfather when my DIL gets remarried in USA following footsteps of her divine mother which I can not dare even to imagine.

Now the cheats shall be booked squarely and they should be sent behind bars apart from nullity of marraige under 12(1)(c) HMA.

What sections  can be filed against them for this fraud and cheating done by these crooks playing havoc with our reputation and innocent lives ?

Apart from 420 whether criminal conspiracy under 120(b) can be filed?

whether bigamy can be invoked since that cheat lady got remarried in USA citizen but cohabitating with Indian divorced husband to perform this marraige?

So please frame some charges under different sections because these type of frauds ruined respectable lives in our society.

I pray one and all to please explore the case and help me with legal support 

Arup (UNEMPLOYED)     15 March 2011

my case almost similar to you.

Arup (UNEMPLOYED)     15 March 2011

you check ipc 415 to 420 & ipc 120 a & b.

some more similar cases you will find in past posts.

dasarivasu (retired)     15 March 2011

Arup sir, then how you have handled your matter and what are your successes and failures in that effort?

Please enlighten me so as to to take precautionary steps

dasarivasu (retired)     15 March 2011

IPC sec 120,120 (a) (1) and 120 (b) (2 ) for criminal conspiracy by all

IPC 415,416,418 and 420 for cheating by all

IPC 493 for cohabitant with ex wife by father to make believe us that they are wife and husband only though they are legally separated and ex wife got married to another person of US origion.

IPC 496 for marriage ceremony gone thro fradulenty by daughter with dishonest and fradulent intention by supressing material facts of her parents divorce to her would be husband.

Any more sections please?

Avnish Kaur (Consultant)     15 March 2011

Read 498a.org in detail for a month and u will be an expert on this issue.

1 Like

dasarivasu (retired)     15 March 2011

I doubt application of IPC 497 against her mother for living with ex husband while she got remarried with another person/

please clarify 


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