harsimran (Air Hostess) 10 June 2013

Advise please: urgent

A girl marries a person in a temple. That person was undergoing proceedings of divorce from his 1st wife. Person doesnot gets the marriage registered then as his 1st wife was alive. During pendency of the matter the couple are blessed with a child. Meanwhile husband was awarded decree of divorce from 1st wife.

1. In case the couple do not register the marriage, will the girl be his legally wedded wife ?

2. In case they opt for registration, can the girl sign any agreement to assure the person/husband that she will not file any 498a or DV post registration?

3. In case husband does not regsiter the marriage, can still the girl file 498a & DV as a live-in partner?

4. Can the girl file for rape?

5. Can the husband claim the rights of child custody in a live-in relationship/unregistered marriage?

Look forward to recieving your queries.

Tks

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4 Replies

(Guest)

Originally posted by : harsimran

2. In case they opt for registration, can the girl sign any agreement to assure the person/husband that she will not file any 498a or DV post registration?

Marrying like this is illegal, other things also get you in the net.

3. In case husband does not regsiter the marriage, can still the girl file 498a & DV as a live-in partner?

498a can, but wont sustain, but she can definitly file a DV !

4. Can the girl file for rape?

Yes! Check recent SC judgments

5. Can the husband claim the rights of child custody in a live-in relationship/unregistered marriage?

If you are still outside, and have converted to Islam, then you could as well claim child custody.

Look forward to recieving your queries.

Tks

Without getting divorce from No.1 getting married to No. 2 will end up in you prison.

Hemang (Advocate) 10 June 2013

It is surprising, how a person weds with a girl, particularly when the decree for divorce was still awaited. Beside this, the girl has attained the motherhood. The person has committed criminal offence. So far as other questions are formulated, it is nothing, but an act of foolishness. No person can enter into an agreement containing the terms and conditions, which would be contrary to the statutory provisions. All questions are rubbish and totally meritless.

Nitish Banka (lawyer) 11 June 2013

1. No marraige is not Legal, registration of marriage is not a conclusive proof of wedding solemanized legally

2. once illegality is commited it cannot be converted into legality by an agreement

3.here the case of Bigamy is made out which has a 10 yr imprisonment.

4.yes, as fraud is on the face of it.

5.No custody for illegitimate child as marraige is void.

Divya (nil) 11 June 2013

498A becomes VOID (common sense means zero or no value) if girl was married earlier or she marries a guy who was earlier married...Since marriage is void, 498a also becomes void...There are decisions of Apex Court in favor of this.