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parminder kaur (owner)     29 August 2012

2 marriage

good day mam, i am very thankful that i found this site..i just want to ask, my indian father got married in Manila,Philippines to my filipina mom, 31 yrs ago, last 2001, my father went home to ludhiana and married a punjabi, they lived together for only 15days, and then my dad came back to manila, and from that time, he did not come back to india, it's almost 12 yrs now.My question is, is my dad's marriage to my mom will be honored by punjabi laws, the indian wife is claiming that she is the legal wife, even it is my mom whom my dad married first? thank you and more power..



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 9 Replies

Tajobsindia (Senior Partner )     29 August 2012

1. No, second marriage is illegal in reference nature of query before us.
2. There is nothing in Law called as Punjabi law; a Hindu marriage in
India is referred under Hindu Marriage Act.
3. Let her keep claiming. But beware Punjab is notorious of runaway brides as well as grooms and there is a special fly-by-night groom/bride Cell (under Punjab Home Ministry) created in Moga and nearby districts to readdress such marital issues of fly by night marriages. [Search Google you will hit disturbing articles and news]

For three decades of family records sake ask bluntly to your own father why he committed such stupidity after three decades!

2 Like

parminder kaur (owner)     29 August 2012

thank u so much for the reply, another question i want to ask, suppose my mom will go India, with all the legal marriage docs done in mla.philippines, will she be recognized as the legal wife by indian laws? the punjabi wife is presently residing at my dad's residence in punjab..

Tajobsindia (Senior Partner )     29 August 2012

1. Yes.

[off records:
a.  Seems your dad is comfortable giving second wife "residence rights" at his residence in
Punjab !
b. Prepare your mom on art of handling two wives Vs one husband jealousy and associated legal fallbacks (if any forthcoming once she shows up at his second wives doorsteps).]

 

2 Like

parminder kaur (owner)     29 August 2012

another question is, can she( the second wife) sue my dad for abandonment? my dad is outside india and told us he dont have any plan of going back to his birthland, there is no dowry involved during their marriage..

Tajobsindia (Senior Partner )     29 August 2012

[Last reply from my ID i.e. making space for others to apply law of attractions on this query J]

 

Two views; pick one from below whose side you representing J

 

One - Under the Indian family law system (Hindu as context to this query) a second wife has no legally enforceable rights unless the man has divorced his first wife. A legally wedded wife can claim maintenance and alimony under the Hindu Marriage Act as well as the Criminal Procedure Code and even under Domestic Violence Act, 2005; she is also entitled to a share of the property. The Hon’ble Supreme Court has said that the "second marriage" is a nullity and so a second wife has no right which is available only to a legally wedded wife.

 

Two - The Bharat Ratna Domestic Violence Act, 2005 says that a woman can move court against a person with whom she is having "a domestic relationship within a shared household", seeking protection from abuse as well as maintenance and accommodation. A woman here is interpreted as to be one in live -in and or even a second wife and or even a female housekeepr and or even a maid which is beauty of wide prime facie interpretation power the Bharat Ratna Act was conceived with and gifted to INDIAN HUSBANDS living in homeland or even overseas J.


However, the Republic Act 9262 of the Philippines (also known as the Anti-Violence Against Women and their children (VAWC) Act of 2004) which is what your father is entitled to remedy under backhome in Philippines is gender neutral (means he can also claim remedy against domestic violence against his wife there) unlike India’s gender biased Domestic Violence Act (PWDVA), 2005 where any woman living in a domestic relationship with your father can only claim remedy under our Act which includes among above females also includes you too for all practical legal reasons here in Indian soil. Hence he may be a sitting duck here compared to in Philippines.


BTW, before second wife claims any rights (i.e. sue your father for abandonment), the first thing that has to be confirmed in a competent Court is validity of second marriage with your Hindu father to whom she married during the lifetime of his first wife. Dowry cases etc. will be like side dish when second wife (if think/may like to sue) your father.

1 Like

Adv. Nikhil Seth (legal consultant (9867264707))     29 August 2012

parminder one thing for sure your father has to come to india if second wife file suit of what soever nature criminal or civil or otherwise your father will be proved guilty of his actions and for exarte proceeedings.

1 Like

parminder kaur (owner)     29 August 2012

my father is presently outside India, can she seek the help of indian embassy to prosecute my dad?

Anish Thakur 7018812737 (advocate)     29 August 2012

yes ,court can give order to indian ambassy to bring your father back to india.

2 Like

parminder kaur (owner)     01 September 2012

my dad told me,that his indian marriage doesnt have any legal docs, it was done in a church ceremony only, without papers signed, it is really possible to marry in india without marriage contarct or any legal docs that will prove the validity of marriage?


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