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Suraj Kumar (Manager)     04 December 2021

Maintenance

Myself marries with my husband at the age of 17 years. A baby is also born.I didn't like to reside in my husband's house.

I file maintenance case 125.
My marriage is not registered.
My husband marries me before getting divorce from his former wife.

Can I get maintenance for me and my baby ?
Can I get married registered ?


My husband also purchase a property in my name.He is asked to return back the property.

Can my husband file any case to return back the property ?






Learning

 12 Replies

Darshan Sharma   04 December 2021

You can ask for maintenance.

 

They can't claim the property. 

 

 

Your marriage is nul and void.

 

 

Suraj Kumar (Manager)     04 December 2021

Can my husband marries again for 3 rd time  after getting divorce from his former wife ?

Can I marry again ?

 

G.L.N. Prasad (Retired employee.)     04 December 2021

When the marriage is not legally valid, both can take individual decisions on their life partners. You can not claim maintenance but your baby is having all rights as legal heir of her father as to legitimate children, if the birth certificate and DNA can confirm father.

If the property is in your name, you need not part with property and let him approach court for getting back the property in a legal manner.

Dr J C Vashista (Advocate)     05 December 2021

I agree with experts, your marriage is void.

However, you may claim maintenance for yourself and your baby.

If he marries third time without getting divorce from his first wife and professing Hinduism, you (or either of the wives) may proceed for punishment under section 494 IPC for the offence of bigamy..

Great man, if your story is true which is prima facie a "time pass" query.

1 Like

Suraj Kumar (Manager)     06 December 2021

Sir, 

After getting divorce could my husband marry again without taking divorce from me ?

G.L.N. Prasad (Retired employee.)     06 December 2021

He has to marry you officially once again to give you divorce, and a 'void ' marriage can not become legally valid as default.

Anaita Vas   06 December 2021

Registration of marriage Is not necessary for claiming of maintenance any proof of marriage like photos of marriage etc is ssufficient to claim maintenance from your husband and can claim interim maintenance.

You cannot get your marriage registered as you have already filed a maintainance case against your husband.

Property cannot be transferred without your wish. Whether he funded for the purchase of property in part or even in full, this property was bought on your name hence it becomes your own and absolute property. You can refuse to give it back to him, let him approach court with any evidence in hi possession.

Under Section 494 of the Indian Penal Code, if a person marries a second time, without a divorce, while their spouse is alive, the marriage is considered bigamy, which is a punishable offense. 

 

Regards,

Anaita Vas

 

Suraj Kumar (Manager)     06 December 2021

1) Can I married again without divorce ?

2) Can my husband marries again ( he might  get divorce very soon ) after getting divorce from his 1st wife ? 

Dr J C Vashista (Advocate)     07 December 2021

1) Can I married again without divorce ?

Yes, your alleged marriage is no marriage as per law and you can marry.

2) Can my husband marries again ( he might  get divorce very soon ) after getting divorce from his 1st wife ? 

Your legal status with the man is just a live-in partner. He is not your "husband" and free to get married after divorce from his "wife"
 

Suraj Kumar (Manager)     07 December 2021

I have headed that my husband's 1st wife file 494 IPC case. Could he get any punishment as the marriage with me ( myself married at the age of 17 years ) is null an void ?

Dr J C Vashista (Advocate)     07 December 2021

@Sushmita Saha,

Yes, she can file a complaint u/s 494 IPC.

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

If she can collect clinching evidences. the man can be imprisioned to 7 years.

Your facts vis-a-vis query is vague, be clear.

Consult a local prudent lawyer for better appreciation of facts and professional advise, if you feel aggrieved and story is true which is prima facie hypothetical.

Shashi Dhara   07 December 2021

Good subject to mega serial .


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