RAJAPU MOHANA RAO (operations manager) 15 September 2011

Name changed

My name is mohan from vsp. I have already posted a topic regarding my issue and got a good reply thanks for that. My wife was already get married with other person prior to my marriage and my marriage and her first marriage both were held under hindu marriage act and registered. She didnt give divorce to her first husband and married me. But after one year of my marriage held, her first husband was assassinated by someone. And I have his death certificate and marriage certificate which was held with my wife before me. But in marriage certificate his name is written as DASOORI SHIVA MEHER KUMAR whereas in death certificate his name written as DASOORI PREM KUMAR. He changed his name after converting into christian. If i submit this evidences for divorce and cheating case on my wife. Is there is no problem with names changed, his father is ready to give evidence that name has been changed. And also in this case is there any chances to escape to my wife. How can they try to escape from this case. Please suggest me. Thanks in advance.

Thanks

Mohan

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3 Replies

Arpit lalan (Legal Consultancy/Advocate) 16 September 2011

Dear Mr. Mohan,

Please note, that under the Hindu MArriage Act, 1955, this case comes under Section 5 and Section 11 of the Said Act.

Contents Section 5 are to be read as under:

A marriage may be solemnized between any two hindus, if the
following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the
marriage
1[(ii)at the time of the marriage, neither party-
(a)is incapable of giving a valid consent to it in
consequence of unsoundness of mind; or
(b)though capable of giving a valid consent, has been
suffering from mental disorder of such a kind or to such
an extent as to be unfit for marriage and the
procreation of children; or
(c)has been subject to recurrent attacks of insanity or
epilepsy;]
(iii) the bridegroom has completed the age of 2[twentyone
years] and the bride the age of 2[eighteen years] at the
time of the marriage;
(iv.) the parties are not within the degrees of
prohibited relationship unless the custom or usage governing
each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the
custom or usage governing each of them permits of a marriage between the two.

Also, According to section 11 Void marriages.

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition
presented by either party thereto 4[against the other party], be so
declared by a decree of nullity if it contravenes any one of the
conditions specified in clauses (i), (iv) and (v) of section 5.

Therefore, you need to file a Petition in the competent Court.

1 Like

Mihir..... (Wealth Manager) 16 September 2011

I agree with Mr. Aprit's reply.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 16 September 2011

dEAR RAJAPU,

YOU HAVE CONCEALED EVERYTHING, PLEASE INFORM WHAT IS THE ROOT CAUSE OF DIVORCE WITH YOUR WIFE. AS YOU YOURSELF WAS AWARE AT THE TIME OF MARRIAGE THAT SHE HAD NOT DIVORCED HER FIRST HUSBAND. ARE YOU ABOUT TO FILE DIVORCE AND /OR DIVORCE PROCEEDINGS ARE PENDING. PLEASE INFORM ME FACTUAL MATRIX / BRIEF.

REGARDS

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640