Remarriage of man
heral
(Querist) 27 December 2013
This query is : Resolved
Sir, My sister law is divorecee, First she married in year 2001 and got one daughter,but due to some problem she seprated and she divoreced, advocate made divorece deed on Rs. 100.00stamp paper and made divorece in sub registrar office,The girl is with my sister in law.She remarried and there also got some problem becuase her second husband were having childrenso dueto children again problem came and divorece paper made by advocate on stamp paper., From both the husband is having divorece deed sowing she got life time maintaince , she will no having any right on property and both parties can remarray without any objection.She again remarry,again problem arise and she gone back to parents house but this time this husband has created problem and filed ipc 494 saying that still she is wife of first husband., It is also true that my sister inlaw has filed on previous husband 498a criminal complaint.,These papers also given in complaint by third husband..pls let us know what is true., whether deed of divorece is not valid in INDIA. Pls help us. Thanks
Nadeem Qureshi
(Expert) 27 December 2013
divorce deed is not valid in India, divorce deed only valid if there is any custom in the society.
as per you information your sister is lliable to be prosecuted under section 494 of ipc but the complaint can be filed only by legally wedded husband and not other.
ajay sethi
(Expert) 27 December 2013
DIVORCE DECREE HAS TO BE PASSED BY COURT. DIVORCE DEED OBTAINED ON RS 100 STAMP PAPER HAS NO VALUE
Guest
(Expert) 27 December 2013
Whether the First husband is married now.Whether he will commit in the open court that they were mutually seperated.Request your advocate to state that every thing was explained to the present or third husband before in hand and after living with her now with the intention of cheating and depriving her rights as wife he had come out with this case.Your Advocate has to take the stand
V R SHROFF
(Expert) 27 December 2013
Divorce illegal and not binding.
So subsequent marriages are void.
Rajendra K Goyal
(Expert) 27 December 2013
Divorce without court decree is illegal, no validity of the same on 100Rs. Stamp paper. All subsequent marriage are illegal and not enforceable under law. She can be prosecuted.
R.K Nanda
(Expert) 27 December 2013
NOTHING TO ADD MORE.
V R SHROFF
(Expert) 27 December 2013
NOTHING TO ADD MORE.
NOTHING TO ADD MORE.
NOTHING TO ADD MORE.
NOTHING TO ADD MORE.
NOTHING TO ADD MORE.
Guest
(Expert) 27 December 2013
Consult a good Lawyer
heral
(Querist) 28 December 2013
Thanks to all.
heral
(Querist) 29 December 2013
Sir, U are requested please let me know that any lady marriaging more than two times ( two, three or four ) and it is written in deed of divorece that she had taken life time maintenance (if having child, for child also )can she demand maintance from all the husbands.pls advise. Thanks
ajay sethi
(Expert) 29 December 2013
divorce decree is not passed by court . it is made on Rs 100 stamp paper . cannot be enforced . later marriages are void . such a wife cannot claim maintenance from her husbands from illegal marriages .
prabhakar singh
(Expert) 29 December 2013
UNLESS CUSTOM OF PARTIES PERMITS NO MARRIAGE
OF HINDUS CAN BE DISSOLVED BY ANY DEED REGISTERED OR UNREGISTERED.
THE FIRST MARRIAGE STILL SUBSISTS IN THE EYE OF LAW AND IN ABSENCE OF PROOF OF A CUSTOM ,YOUR SISTER IN LAW DOES NOT HAVE ANY DEFENCE.
Rajendra K Goyal
(Expert) 29 December 2013
Agree with the advise of expert prabhakar singh ji, maintenance can not be claimed from subsequent marriages. Bigamy case can also be filed.
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
I endorse the view of Mr. Nadeem Qureshi. I wonder how on the earth that people get into such strange ideas?
