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shiva12345 (owner)     26 January 2014

Divorce

sir,

my self brijish. one of my friend married her lover under hindu special marriage act in kerala on 2010 feb 16 at trivandrum without knowing their parents and they maintained all type of relationship for the next year. when he got placed at mumbai,she keeps some wrong relations with others and finally she fell in love with one person who is well knowingly by her parents and they fixed their marriage and the girl agreed with that.when he came from mumbai he heard about all the news and she said that,she needed to live with other person and the time goes she married that guy(2013-jan-18) and keep it as secret from the original husband.then many issues had happened and finally agreed for mutual divorce.petition is filed in the court  and two counciling  had occured. during this time she was pregnent by her new husband. after the 2 counciling she didnt came for futher proceedings.2 or 3 notices send to her home for appearing the court .but she didnt respond and finally she delivered her baby(baby of new hus).and now the case is dismisssed because of the absence of petitioners and my friend, he is now at dubai and she is at trivandum with her new husband and baby and planing to go abraod.during this time of case my friend didnt keep any type of relation with her and now his parents pushing him for the marriage.he is not interested to go behind this case again. this is the brief about case. i would like to ask some questions....

1:can he marry another girl in this time?

2:if not what are the possibilities to get married?

3:if he does it what are the future problems that he face?

4:if he marry another girl, what are the possible issues that his old wife can do?

5:if she makes such problems, can he fight against that with the help of present face that she created?

Waiting for your all expert advice kindly reply to help him out.



Learning

 7 Replies

Dr J C Vashista (Advocate)     26 January 2014

@ Shiva

Hindu Marriage Act is different to  Special Marriage Act be sure which Act is applicable in their case.

Ans:

1.can he marry another girl in this time?

No, they are legally wedded husband and wife i.e., not yet dovorced, it will attract the provisons of bigamy.

2:if not what are the possibilities to get married?

On proving bigamy may land up in jail upto 7 years

3:if he does it what are the future problems that he face? As above

4:if he marry another girl, what are the possible issues that his old wife can do? Same as above

5:if she makes such problems, can he fight against that with the help of present face that she created? 

Which problem are you referring?

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

The reply to your questions:

1:can he marry another girl in this time?   No, when his previous marriage subsists, another marriage in the mean time will be invalid and null and void in law.

 

2:if not what are the possibilities to get married?:  Get proper decree of divorce from her through court of law and then venture into the proposed second marriage.

 

3:if he does it what are the future problems that he face?:  Besides his marriage being treated as null and void inl law, he will be deemed to have committed an offence of Bigamy which, if proved, can be imprisoned for upto 7 years in jail.

 

4:if he marry another girl, what are the possible issues that his old wife can do? Refer 3 above.

 

5:if she makes such problems, can he fight against that with the help of present face that she created?: No he cannot claim excuse under the pretext of her own activities, he has to obtain divorce legally from her and then only he can proceed further. 

 

Since he has already faced a disappointment due to mutual divorce debacle, he can file a fresh divorce petition on the grounds of her adulterous life, cruelty, desertion etc., this time if she prefers to not to attend the court even after receiving the summons, he can obtain exparte decree of divorce and after a cooling off period of 3 months from the date of the said exparte judgment, he can go ahead with the proposed second marriage.

1 Like

shiva12345 (owner)     26 January 2014

1:they married under special marriage act.

2:my friend, he is not interested to go behind the case of bigamy.

3:sir,is it necessary to go with the divorce procedures for marry another girl? iam asking you because of, she married another guy and also  they have one child.they are planning to settled abroad.

4:if my friend n his old wife is ready to make an agreement like, she married another guy with her full involvement and she will not make any issues in future regarding money and other assets of him. is it have any possibilities???

Biswanath Roy (Advocate)     26 January 2014

The wife of your friend glaringly committed fraud over the Special Marriage Act and punishable by law. But, even such a position if your  friend wants to marry again he shall have to file Divorce case against his wife on the ground  of her second marriage committing fraud over the statute.  On receipt of the divorce order from the court of law even if it is an ex-parte order  your friend can remarry again.  Allegation  against his wife for Bigamy will not be maintainable in such a case where proof of religious marriage is in existence..

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 January 2014

1:they married under special marriage act.

2:my friend, he is not interested to go behind the case of bigamy.

3:sir,is it necessary to go with the divorce procedures for marry another girl? iam asking you because of, she married another guy and also  they have one child.they are planning to settled abroad.

4:if my friend n his old wife is ready to make an agreement like, she married another guy with her full involvement and she will not make any issues in future regarding money and other assets of him. is it have any possibilities???

 

If they have been married under any marriage act of the country, they are treated as husband and wife as per law and they will remain so until their marriage is dissolved by a decree of divorce through a court of law, so without a legal course of action i.e., divorce through court, all their activities in this respect will be treated as invalid and illegal before the eyes of law and it may create problems in the future on many aspects.  Marriage is not a game that they can call it off any time if they dont like it any more.  It is an institution and is to be regarded in the manner as law provides it to be.  Please advise your friend to not to take law into his hands while deciding such issues which will prove fatal to his future as well as his career.

1 Like

Dr J C Vashista (Advocate)     27 January 2014

I agree with experts

isha bhardwaj (intern)     27 January 2014

dear Shiva12345

 Marriage (also called matrimony or wedlock) is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws.[1] The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually intimate and s*xual, are acknowledged. In some cultures, marriage is recommended or considered to be compulsory before pursuing any s*xual activity. When defined broadly, marriage is considered a cultural universal.

Dear, the marriage without getting divorced from existing spouse is illegal. The marriage of a girl is also illegal as she has not obtained divorce from your friend and her new marriage will be considered as void.

But, dear your friend cannot marry without obtaining decree for divorce.

After getting divorce, there will no bar over your friend to get married. He can marry with anyone.

If he marry without divorce then his marriage will be void.

 

Your friend can file a case that the marriage of the girl is void and she cannot be married without getting divorce from you.

Regards

Isha Bhardwaj

 

09555507507

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