Is it a marriage
Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
My sister has marriaged with a man in the court without the concern of parents now the man is harrasing us. Now its been over 4 yrs my parents didnt know about her marriage. She have not stayed with him. Now my parents wants a solution how to get rid of the man by law. At time of marriage she was over 18 yrs.
My question is-
1) Is the marriage considered under the law even if she dosent stayed with her?
2) If this is considered as a marriage then will it be easier to get a divorce with that man?
3) Please help with a solution my parents are worried about her.
ajay sethi
(Expert) 16 November 2011
was the marraige consummated? did they live together as husband and wife .
if wife not staying with husband for more than a year wife can make application for divorce on grounds of cruelty . if husband is willing to diovrce then it is advisable to diovrce by mutual consent .
consult a local lawyer
Guest
(Expert) 16 November 2011
It is consider as marriage but if your sister does not want to live with him then go for divorce proceedings as wife is not staying with husband for more than a year.
If husband is ready to give divorce then go for divorce by mutual consent .
Arvind Sehdev
(Expert) 17 November 2011
If you sister has no problems with the guy then you cannot get it divorced....
If she has a problem then I would suggest you better consult a advocate with all the documents that you have in hand.....
Arvind Sehdev
(Expert) 17 November 2011
BTW can this question be shifted to Family law rather than constitutional law ???
Mods ??
Kirti Kar Tripathi
(Expert) 17 November 2011
Yes. it is a legal marriage. Consent of parents is not required if parties to the marriage are major. However, this can be dissolved on the grounds as suggested by my learned friend.It is better to consult a local lawyer with full facts.
Shailesh Kr. Shah
(Expert) 17 November 2011
Agree with common opinions of all experts.
prabhakar singh
(Expert) 17 November 2011
Practically it may not look you to be a marriage but as already told by mr. Tripathi,it is legally really a marriage if performed before a marriage registrar whom you call court.
Consent of parents in marriage between two adults or in their any activity is not a legal requirement,their presence at most is appreciated as witness in law.
It is surprising that how the man is harassing while there are several enactment to guard the interest of a female spouse of a marriage???
It is marriage which is easier to perform but not the divorce unless like marriage parties/spouses mutually agree to part
where a consented decree of divorce can be passed.
A contested divorce is harder unless sufficient grounds provided in law are proved before the court and it is that angel from which mr. sethi has inquired facts which your query lacks.
Devajyoti Barman
(Expert) 17 November 2011
Since I have not seen it,
1. No
2. No
3.Suit for divorce which does take years together to see its final conclusion.
Rajeev Kumar
(Expert) 17 November 2011
I am of the opinion of above experts
Dr V. Nageswara Rao
(Expert) 18 November 2011
1. If wife chooses on her own not to live with her husband right from day one of the marriage, she cannot benifit from her wrong doing and claim cruelty. In fact it is she who showed cruelty to husband by not living wih him.
2. Non-consummation of marriage is relevant for avoidance of marrige(S. 12,a) only if it is due to impotence of the husband and not where the spouses are living apart.
3. What is the kind of 'harassment' by the husband? Is he demanding that his wife be sent to live with him? Is that harassment?
4. Just as your people want to "get rid of him", if he also wants to "get rid of her" as she is not living with him, they can go for divorce by mutual consent.
5. Parents' dissent or their displeasure are totally irrelevant in the present case.
6.Marriage is a one-way traffic.You can get married to anybody as per your choice, but you cannot come out of marriage at your choice.
Devajyoti Barman
(Expert) 18 November 2011
Mr RAO HAS GIVEN SOME MORE VALUE ADDITION.
Ramanathan G
(Expert) 18 November 2011
To preserve marriages – for LCI
1. What is written is not believable. In India since more than a decade, there are stories of young children taking MMS for the wrong reasons, and in this case, two grown up adults are residing separately, without knowing what is husband and wife relations. He had not filed any Habeas corpus petition yet.
2. In India, and entire world, Pornography and Sex are troublesome words. Blue Films are seen during Morning and Noon shows, in Cinema theatre; and only Matinee onwards good cinemas are shown – since time immorial. But two adult persons who got married before 4 years ago are continuing as Brahmcharis.
3. In India, in Hindi and many regional languages, the abusings start with the word “teri”, to deal with incest; which had been told in “jab we met” by a ditched female to her ex boy friend. But two persons got married and did not do anything for their Pleasure or Progney.
4. Writing like this and getting solutions, or telling lies to an Advocate and getting divorce are not solutions. Even after divorce, there is a 2nd marriage. That too can be a failure, unless the reality is told and solutions are obtained. About that I found a case, and notes are given below.
5. The unwillingness or inability to behave like husband and wife, to be determined as mental or physical; problem with the boy or girl. Without knowing that do not obtain Divorce, only to spoil the life of another male and female.
6. These head notes were prepared by G. Ramanathan, Advocate and copy right with legal eagle softwares, M/s Capital law infotech, New Delhi.
7. They are given to the Members of Lawyers club India, who start advicing at the earliest opportunity for MCD (= not Municipal Corporation of Delhi, but Mutual Consent Divorce); and contested divorce, without thinking that after the said Divorce also there is life, and unless reason for failure is known, how next life can be led.
8. Also to teach the Members about importance of Pre-suit Notice, that without proper pre-suit notice and it’s reply, even the plaint cannot be relied.
2001 Legal Eagle MP page … = AIR 2001 MADHYA PRADESH 1.
Prakash Singh Thakur, Appellant v. Smt. Bharti, Respondent.
F. A. No. 237 of 1997, D/- 12 -5 -2000.
Family Law – Divorce, granted easily - Disadvantages – The society is not benefited – Such persons may not know how the first marriage failed, may get married again and again get divorce – Thus even when there is mutual consent divorce (it is not recorded whether the wife had her previous divorce by mutual consent), the Court may make efforts to find out how the present marriage failed and try to repair that – In that efforts, both the parties may be able to know their fault and at least in next married life the mistakes may not repeat – Said non detection of mistake had resulted in remarriage on 3-5-94, separation on 4-5-94 and the husband’s failed annulment petition was decided by the High Court on 2000, again dismissing that – But loss of married life to the lady cannot be compensated by the Courts, thus she is not gaining – This head note is written not from the judgment, but only as an example of how the Divorces should not be granted:
Details quoted from the judgment:- Moreover, it may be noted that the parties were known to each other from much prior to their marriage. In the circumstances, it is inconceivable that the appellant would not have come to know about the earlier marriage or divorce of the respondent and would have come to know of the said fact on the next day, immediately after their marriage on 4-5-94. As noticed earlier, the statement of appellant is not only unsubstantiated, but appears to be unnatural and untrustworthy. (Para 19).
Code of Civil Procedure, 1908, Order 6 Rule 17 – Amendment of pleadings – About appreciation of evidence, commences from the stage of pre-suit notice and it’s reply – When a man married, and immediately on the next day got separated - After 20 days he was served a legal notice by his wife, to which the only ground of reply was that, legality of marriage – In the Annulment Petition, the ground he took was about her previous marriage and divorce, the concealment thereof – One of the reason to disbelieve his allegation is, not making that allegation in his reply to pre-suit notice – Section 80 Code of Civil Procedure, 1908 – Section 161 Criminal Procedure Code, 1973, the police statement and their role of corroboration in trial – Section 138 Negotiable Instruments Act, 1881 – Eviction Notice – Service and Labour Laws, show cause notice and reply – Law of Notices – Pleading and Conveyance:
Held:- It may further be noticed in the above context that the appellant replied to the notice of respondent as per Ex. P-8 dt. 23-5-94. In the said reply the appellant has not alleged that the respondent did not inform him about her earlier marriage or divorce. In fact in the said reply (Ex. P-8) the appellant had taken a stand that the marriage between the parties was not legal. Obviously, therefore the stand of the appellant that the respondent did not inform him about her earlier marriage and divorce cannot be accepted. The learned trial Court has after detailed appreciation of evidence led in the case has recorded a finding to the above effect, which appears to be fully justified. (Para 20).
Hindu Marriage Act, 1955, Section 12(1)(c ) – Fraud about marital status – Allegation that, factum of the wife is a divorcee was concealed prior to marriage – Only on the next day, he came to know about this fact – Separated immediately and later sued for annulment – Grounds for not believing the allegation of the husband – (1) His allegation that, on the next day, from the neighbours and friends he came to know about her previous marriage, is not proved because he did not name and examine those individuals – (2) Wife had examined herself and another witness, who testified that, they had informed the husband, prior to marriage, about the previous divorce, which statement is relied – (3) Previous acquaintenance between the parties is proved – (4) She send pre-suit notice, which he replied, only on the ground that, marriage is invalid and no allegation is made about her previous marriage and divorce – Trial Court dismissed the case of the husband for annulment – Judgment of the Trial Court upheld – Appeal dismissed.
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Guest
(Expert) 05 December 2011
Agree with experts.
