Validation of void marriage

Advocate

Dear Experts,

 

Thanks for your valuable suggestions and citations.

 

We had talks with the opponent lawyer and said that our client is not willing for 13B.

 

Her lawyer immediately replied that her client will initiate criminal proceedings against our client under sections 495, 420 etc. and she will definitely prove that her 1st marriage was not performed as per rites and ceremonies and further prove that our client's 1st marriage was performed in accordence with hindu rites and ceremonies and certainly punish him with 7 years imprisonment. 

 

The Opp. lawyer further said that though our client explained that his 1st marriage was dissolved by divorce decree and being social worker associated with law (LLB degree holder) he made to belive her that he has become 'legally single' and competent to marry her and married her. Further he also perused her divorce deed and opined that she also legally competent to marry him. She being the lay person could not able to understand the legal position and believing that she is entering into a valid marriage and married him. Ofcourse these are all false, for which we have the lady's own records to establish she did not submit any documents about her 1st marriage. All that said at the time of marriage was that she was a legally divorcee and till marriage her perents did not submit any records and they blessed the couple to live as fresh couple by ignoring the past bitter incidences. 

 

Besides that she will initiate proceedings under Domestic Violence Act against our client and complain the matter to Bar Council for disciplinary action.

 

This is the critical point now. Our client is fearing for the unwanton criminal proceedings.

 
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SSE

:)

Take it Easy.

 

495 and 494 applicable to both Petitioner and Respondent in above scenario.

 

This is just a threat and if not than your client should be ready for trial and file the same case against them.

 

It would be better to go for 495 and 494 instead of going to 498a. I hope you can understand.


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SSE

In the past, such so called wife of void marriage have also filed a RAPE case. It has dismissed with no cost later on after little long battle.


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Advocate

 

Sameer12345

"495 and 494 applicable to both Petitioner and Respondent in above scenario."

Here the lady's first marriage was not performed according to hindu rites and ceremonies.

 

Our client's 1st marriage was performed according to hindu rites and ceremonies.

 

For attracting 495 and 494, the aggrieved party must establish that the earlier marriage was peformed in accordance with hindu rites and ceremonies in due form.

 

She can able to prove; but our client is unable to prove as such. At the best he can file 420.

 

Therefore opp lawyer is bold for compromise or else criminal prosecution.

 
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SSE

Point 1 : As you said previously that lady's has Divorce Deed from her first marriage? That would be consider that she is married earlier. 

 

Query 1: is second marriage and/or first marriage is registered?

 

 


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Advocate

Point 1 : As you said previously that lady's has Divorce Deed from her first marriage? That would be consider that she is married earlier. 

She admits her 1st marriage but denies in her counter that it was not solemnised as per rites and ceremonies which are the points to prove 494 and 495. Then only question of punishment will come. Our client husband's 1st marriage was celebrated as per rites and ceremonies.

 

Query 1: is second marriage and/or first marriage is registered?

As per her deed of divorce submitted before High Court, it is learnt that it was registered before concerned temple authorities.

2nd marriage was not registered.

 

Now the opp lawyer askes Rs. 5 lac to the wife as permanent alimony and Rs. 1500000 to the child. The lady and her child agree not to claim anything as against our client's properties and future earninings. Insisting for mutual consent on the agreed terms. Our client wishes to don't want to indulge in further criminal proceedings as he is a busy man. We explained this divorce under 13B is also not legally valid under HMAct. But the mutual agreement for consideration on mutual consent is valid.

 
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SSE

"She admits her 1st marriage but denies in her counter that it was not solemnised as per rites and ceremonies which are the points to prove 494 and 495."

 

Have you made lady's first husband as Respondent?

 

Bring him too into the court. It is necessary. Wait and watch. His statement will also be consider. 

 
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Advocate

No.

Now only came to know the name of her 1st husband from her divorce deed.

 
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SSE

If you haven't made 1st husband as respondent than your Petition for Void Marriage will be dismissed after sometime or some years.


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Advocate

To day's development.

The lady wish to agree in the memorandum of compromise that she and her child will not claim any right over the property of our client husband. They both confirm that all of their claims/rights are settled in view of permanent alimony and maintenance to the tune of Rs.20,00,000/- and they further confirm that they have no further rights/claims. They have no past, present and future claims. They will not claim partition in our client's property and future earnings. They agree that they will not file any suit, petition, complaint or proceedings before any court of law for any claim or right.

For the sake of minor child she insists to file 13B. Our client is in willing mood to resolve the conflict in the alternative mode and quicker disposal.

My questions:

If she and her child agrees so as mentioned above in the 13 B petition and MOC, will it bind them?

 

Is it termination of marriage (!?) or validation of marriage?


 
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