Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AK (SSE)     10 November 2011

Need clarification on hindu marriage law

My cousin was in love with a girl since he was in college. Since they both belong to different caste, neither of their parents accepted. His parents fixed his marriage with a different girl in March 2011. My cousin was not willing for this, but his parents fixed. Meanwhile he and his girlfriend got married through Arya samaaj in Feb 2011. They didn’t tell us that they got married. They have informed the bride that they already got married. They have sent some photos of their marriage to her through e-mail. She was in confusion and didn't inform everyone. My uncle and aunty were very stubborn in conducting the marriage. Unfortunately his second marriage also happened. He is living with his second wife. As a proof of first marriage they have the marriage certificate from Arya samaaj. His second marriage is legally registered. Could you please let me know which marriage is legally valid? Thanks in advance.



Learning

 18 Replies

**Victim** (job)     10 November 2011

The first marriage is legally valid and second marriage is considered void.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 November 2011

the marriage solomanlized in Arya samaj is valid and the second marries is void abinitio.

AK (SSE)     10 November 2011

Thanks a lot for the answers. I understand that eventhough the first marriage is not registered and second is registered the first marriage is valid. What will happen if his SECOND wife or her family members file a case on him. Can he prove to be legitimate since he has informed about his first marriage before the marriage itself?

Bharatkumar (ADVOCATE )     10 November 2011

First marriage is valid.

A.VIVEK ADVOCATE (ADVOCATE)     10 November 2011

SECOND MARRIAGE IS VOID .  LET THE COURT MAY DESIDE 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

Second marriage is VOID and the man can be prosecuted for bigamy.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

1 Like

(Guest)

Both marriages are void by virtue of the following facts:

1. First marriage was a secret marriage.

2. Second marriage was not a forced marriage according to him and his matrimonial greed didn't end . A grown up man cannot claim that he was forcibly married unless he has an "insanity Certificate" in is pocket.

3. He's living with the second woman ,why especially in view of his claim that it was a forced marriage.

 

What about his "love" with in respect of first marriage?

Summary:
:

Although his first marriage is the only valid one both the wives can file criminal cases against him for Cheating and indulging in Bigamy. This is what should be done: Both wives get together behind the scenes. First wife gets his second Marriage declared a void marriage. Having done that , the second wife gets his first marriage declared void to using standard legal tricks. Then both wives get together openly and send him to jail under 420/494 or cheating and indulging in cheating and bigamy and in doing so they must engage a very good lawyer.

Shantanu Wavhal (Worker)     10 November 2011

 

i agree with Mr. Shonee Kapoor & Randhir Kaul.

the boy is gonna be in serious trouble. (though he didnt know at the time of doing 2nd marriage). he is going to be declared as a criminal by court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

First marriage is VALID marriage, even in secrecy, it was as per Arya Samaj rites and rituals fully acceptable in Hindu Marriage Act.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

AK (SSE)     11 November 2011

Thank you all for your responses.

Can the secrect marriage be proved invalid?

Are there any ways to get out of this situation without putting anyone's life in danger?

Please suggest.


(Guest)

AK don't worry when both your wives put in jail, both marriages become void. First let me get a hang of all this HA HA!

1. First secret marriage was legal and you were in love.

2. Then after a month you fell out of love and were "FORCED" into a second marriage and your second marriage was valid in the eyes of your wife with whom you "FORCIBALLY" fornicated till the fun lasted. You then got scared as your first wife might come to know about your matrimonial greed.

3. Now you want to Invalidate your first legal marriage. Tell your second wife about it. She'll do the needful. OR Become a Muslim and get a Bharat Ratna for being SECULAR, you'll get two more and if you appeal to the QAZI he'll permit  you to have three more(seven in all). Then you carry all your seven wives on a Rickshaw and go to one of Sheila Dixit's over 100 Malls for shopping!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

No, it can not be proved invalid on the ground of secrecy alone.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

I.S.Roy,Advocate (Advocate)     02 December 2011

Dear Sir,

In this case the second marriage void by inception, your cousin also punishable under Bigamy

 

With regards

I.S.Roy, Advocate

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

The way out is to talk. Talk about one wife to seperate amicably by seeking divorce, preferably Second. No need to hide, if trust is there, and trust is very important for any relationship. Regards, Shonee Kapoor harassed.by.498a@gmail.com

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register