Marriage
Murli
(Querist) 23 October 2011
This query is : Resolved
Hi, I need a clarification. My friend aged 36 yrs was married in July 2007. Marriage is not registered in court, since the girl never interested to do so. The girl was suffering with arthritis, since birth and her parents didn't let the disease know to my friend or his parents. They have been separated for a year. Then with the intervention of some elder's they joined in Feb 2009 and the girl left the boy's home in Aug 2009. Since then they are living separately. My friend tried to call her an went several times to her house. but her parents always say she is in her relatives house and there is no contact between them till date. The girls parents never allowed her to speak or meet with him. My friend have all the medical certificates.
Now my friend is in love with another girl, Can he go ahead and marry her in a temple and spend his rest of the life happily??? Will there be any legal obstructions???
Please help as he is ruining his life without any reason.
n.k.sarin
(Expert) 23 October 2011
dear Murli your querry is incomplete, write the religious of your friend and his wife and how the marriage come in existence?
If the former marriage is valid one, your friend cannot go for the second marriage without getting divorce from his wife.
Shonee Kapoor
(Expert) 23 October 2011
Unless he is a Muslim, the second marriage would be void ab-initio and non-existant in eyes of law.
Also the grounds you gave are insufficient to file divorce at this time.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 23 October 2011
He can do that at his own peril.
He can not be prosecuted for bigamy but a slew of legal proceedings may soon greet him.
It is better for him if he first get rid of the first relationship in an amicable manner.
Kiran Kumar
(Expert) 23 October 2011
mere non registration of marriage would not invalidate the earlier marriage.
Mr. Barman advised correctly that in the present circumstances, the second marriage will amount to commission of offence of Bigamy.
so better would be to get divorce from the earlier wife and then go for second marriage.
Arun Kumar Bhagat
(Expert) 25 October 2011
Live in relationship does not amount to Bigamy. To bring home the charge of bigamy, strict observance of marriage conditions are required.
Shailesh Kr. Shah
(Expert) 25 October 2011
I agree with common opinions of all experts.
Shonee Kapoor
(Expert) 26 October 2011
I am in agreement with Ld. Mr. Bhagat also, but other charges might await you even in live-in and that might become a ground for claiming divorce by your wife and hefty alimony too, as your conduct would be against you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Murli
(Querist) 28 October 2011
Thanks for the message.
I would like to add more information about the marriage. Both the boy and girl are Hindu. It was an arranged marriage and the girl had lots of problems. From the day one she complained about the arthritis and the marriage was not consumed. She often went to hospital for checkups. My friend tried many times to speak with her for the mutual consent for divorce. But her parents never allowed my friend to speak with her. Is this not a torture to my friend? Is this legal to separate wife and husband? Can no action can be taken against her parents? My friend has become a sufferer now. Please guide what should be done. My friends parents are old and day by day their health is deteriorating. My friend waited for almost 4 years for the girl to return and start a happy married life. Now her parents have hidden her somewhere and is not allowing him to speak with her. Is this not a crime? Will the law support the lady always and is there no law for the men? My friend wanted to join her long before, if the girl is not interested to speak with him or not interested for mutual consent, what the boy should do? What if the girl is married to some one else and settled a happy married life?
If he gets married and settles his life what type of legal implications he has to face? Please throw light on it. His wife is not interested to stay with him and if he files a case for divorce then it may takes 3-5 years to get settled. Can no punishment is sought to the lady and her parents for mental torture for my friend? They are making him suffer at his young age when the family luxuries are to be fulfilled. Please help.
I request you all experts to please give us the correct guidance and not to put us to beat around the bushes. I want my friend and his family to live happily.
Thanks.
