Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Gopi   29 January 2018

Marriage

I married in a temple ordinary marriage just by changing garlands and tied mangal sutras to a divorce with a child of 10 years old. Lived with her on and off in Hyderabad  took care of her.  Opened a joint bank account and maintained money in the account. She stole lot of money without my knowledge and I found out. 

My question is

1: is the marriage done as mentioned above is valid or not?

2. Should I file for divorce or invalid marriage?

3. If divorce or invalid can I file from a different state. If so what is required to file from a       different state. I am currently in USA and keep travelling back and forth.

Please advise.

 

 

 



Learning

 10 Replies

Vijay Raj Mahajan (Advocate)     29 January 2018

Your marriage seems to me invalid but unless a detailed case discussion is done no correct legal guidance can be given the though such public forum. For detailed case discussion and legal consultancy you can contact me directly. vijaymahajan5758@gmail.com

TGK REDDI   29 January 2018

Give more details about the marriage.

Ordinary marriage.    What is meant by this?

Any priest present?

Any relatives present?

Any witnesses?

Any record?

N.K.Assumi (Advocate)     29 January 2018

Gopi, please post in brief your customary practices of marriage ceremony. Mr.Ramesh Sir, isn't that rituals enough to give validity to the marriage. if it is their customary apractices? Under HMA, even satapadi is not compulsorily mandatory in all kinds of marriages. 

Vijay Raj Mahajan (Advocate)     29 January 2018

Hindu Marriage ceremonies valid in Tamil Nadu need not be valid in Hyderabad. Secondly unless the complete essential ceremonies according to customary rite performed the validity of Hindu marriage will always be remain doubtful. I'm not saying Saptapadi has to performed in all Hindu marriages in India, even the Hindu Marriage Act clearly states it as essential in case it is part of customary rites of either of the party. What this gentleman say about the marriage ceremony himself not sure about it being complete and according to customary rites to making assumptions and presumptions here with regards to his marriage ceremony will not be serving any useful purpose for him.

TGK REDDI   29 January 2018

Excellent Reply by Shri Vijay Raj Mahajan.

SHIRISH PAWAR, 7738990900 (Advocate)     29 January 2018

Yes lady will have recourse against the husband. Husband cannot be easily escape under pretext of void marriage.

N.K.Assumi (Advocate)     29 January 2018

Rajesh Sir, has Succinctly pointed out the contentious issues, that is, in either way the husband is at the losing end, to his grave disadvantages..

TGK REDDI   29 January 2018

Not only husbands but also males are at disadvantage.

Men and women hate man; men and women side with woman.      Irrespective of guilt and innocence.

Gopi   30 January 2018

Thanks you all for your inputs.

To be more precise with details-The marriage when performed her mother father brother and sister-in-law and ofcourse the priest is present. No 7 steps are performed or fire is present.

Her first husband belongs to a Bhoga(prostitute caste) in Andhra Pradesh and She belongs to Kshatriya Caste.

Secondly when I say divorce from her first husband, the divorce was customary divorce and as far my knowledge goes as she belongs to a Kshatriya caste(Rajus) in Andhra Pradesh where customary divorce is not a practice  since ancient times. (I think she has to prove that the customary practice is in place since very long time).

So as customary marriage is not valid in Kshatriya caste I think the divorce do not have legal binding as it is not issued in the court of law. 

Under such circumstances she is still married at the time of getting married to me which makes the marriage with me void. You all have to tell me does it make sense to say that the marriage between us is valid or not.

As someone replied I do not think I will attract IPC375(4) under any circumstances or any other clauses of IPC 375.

Please advise.

Thanks

TGK REDDI   30 January 2018

The marriage makes your wife punishable and you people also if you people were in the know.


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