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RV Krishna   31 May 2021

Divorce related

wife( intercaste- love marriage) initiated for divorce and got divorce ..then after husband married to a same caste women with initiation of elders..but man and divorced wife had relationship again and gave birth to a baby boy who is of 2 years old now..again she is carrying ..it's important to mention here that the wife who got married after divorce gave birth to two children till date ...now divorced wife ( govt Employee)want to have legal status for their relation ..please advise..Sir


 6 Replies

Sankaranarayanan (Advocate)     31 May 2021

Divorced wife have no legal rights  but children have. what about the status of second marriage (legally)

SHIRISH PAWAR, 7738990900 (Advocate)     31 May 2021

Hello,

After divorcing from the first wife, a person has married another woman. However, both again have children after divorce so the person now has to divorce his wife and again marry the previous wife. 

ANCHORE PRINCE MALAV   31 May 2021

wommen marrige forcefully her love another person her want to marrige another person but there family doing emotinali

sneha jaiswal   01 June 2021

Hello, Greetings of the day!
A divorced wife has no legal right. For legal recognition, the husband has to divorce his wife and again marry his first wife then, she can have legal rights. But, in this case, husband has to give maintenance to his wife and children carries a legal right over the property of their father. Adultery can be the ground for seeking a divorce in this case or husband and wife can opt for mutual divorce in which spouses can dissolve their marriage by mutual consent. 
Hope it helps
Best Regards,
Sneha Jaiswal
Law Student
 

Kajal Patel   01 June 2021

me pahle mrg kr chuki hu or divorce bhi ho gaya he muje dusri shadi karni he but proble y he ki computer me record dikhai deta to phir muje is bat pe help chahiye apki record nikalvane k kiye

Vasundhara Singh (Student)     02 June 2021

 Hello, Greetings of the day!  

Inter caste marriages can be registered under the Special Marriage Act, 1954 if they are willing to do so or if they both are of Hindu religion, they can marry as per the provisions of Hindu Marriage Act, 1955. The main requirement of a valid marriage is that it should be done legally and should be valid in the eyes of law. The wife has the right to file for divorce under section 27 of Special Marriage Act, 1954 or Section 13 of Hindu Marriage Act, 1955 depending on the Act under which the marriage was initially registered and she will be entitled to get maintenance from the husband.  

Once the divorce is finalized and the court passes the decree of divorce, both the parties are declared to be officially divorced and can move ahead to marry the people of their choice. Here, since both the parties had been divorced, the man had the right to marry again which he did as per the initiation of his elders and the second marriage will be considered as a valid marriage.  

The relation of a man with his ex-wife, while he is already married to another woman, will be treated as an illegitimate affair and she will have no legal status with the man and no legal rights on the life and property of the ex-husband but the children born out of their illegitimate relation will have the right to maintenance and property rights in the property of their illegitimate father.  

Best Regards,   

Vasundhara Singh  

Law Student  


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