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Kalpana Reddy (software engineer)     05 June 2009

Second marriage with out divorce

 

Hi,One guy married me forcefully 2yrs back and he took photos also.we both are hindus.my parents doesnt know and I cannot dare to tell this since they are very sensitive.I have not lived with him for 1 day also.now my parents are planning to perform my marriage in july month,everything is fixed.The first guy is telling to everybody that iam his wife.once he told me,he need my support only for physical relation.and also he doesnt have good opinion on me.I've told him recently that Iam going to northindia because of some official work and will be back after 10 months.So,Can I marry this second person meanwhile.? I dont want to bcome this public matter,since my life will be in questionmark.If I marry again,what will be the causes.Will anything happen if that first guy doesnt consult court or police.


 


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 22 Replies

A V Vishal (Advocate)     05 June 2009

Dear Madam,

You have committed a mistake by not complaining to the Police, the day incident took place, However, it is not a problem even now, since the alleged marriage is not registered and also the only proof is the photograph. The culprit must be able to prove the marriage has been performed according to the hindu tradition. Since the marriage is forced it is void and null and hence I advise that atleast now inform your parents and the police, since these culprits resort to blakmailing and will make life hell. Take courage, step out and complain, such rogues should be punished.

Kalpana Reddy (software engineer)     05 June 2009

 

 

Dear Sir,

I cannot complaint to police,since he is police in bangalore.Even Iam staying in Bangalore.It was not registered marriage.only phtographs are the proofs.

manishyogi (n/a)     05 June 2009

Even though the marriage was performed forcefully, when you admit the marriage, then the only remedy is to seek annulment of the marriage. Hence, in your case, it is better to ignore the threat and proceed with the arranged marraige. Though it may sound illegal, form the facts given, it is very difficult for the person to prove the marriage merely through photographs.   

A V Vishal (Advocate)     05 June 2009

Dear Madam,

No one is above law, what if he is in Police, take help of Human rights commission and also approach and  Complain to his higher ups and still no action is taken approach the high court with an application seeking redressal of your grievance. I am sorry but these steps may look impossible but there is no other remedy you should become bold or he is bound to use your weakness to harass you in the future. I will ask a fellow member of this forum who is practising in Bangalore how best he can help you in this matter you can get in touch with him his name is sanjeev desai and his mobile number is displayed on his profile. 

Kalpana Reddy (software engineer)     05 June 2009

 

 

Can I take divorce with out knowing to my parents and fiancy by taking sanjeev Desai's help

A V Vishal (Advocate)     05 June 2009

Madam

Kindly check your PM, I have passed on the message to Sanjeev.

A V Vishal (Advocate)     05 June 2009

Madam

The court doesnot grants divorce in a void case, it annuls the marriage.

Swami Sadashiva Brahmendra Sar (Nil)     05 June 2009

If this is a real case, you should first complain to supirior officers of opposite party.you can marry without going to court.

adv. rajeev ( rajoo ) (practicing advocate)     05 June 2009

U have to take daring steps. Ur marriage is not regd., only on the basis of the photographes nothing will happen.If the guy started harrashing u give a police complaint.

ravi pratap sharma (Advocate)     07 June 2009

maam

its no problem, if u wanna hide donot tell anyone and marry the guy ur parents have choosen for you, its very difficult to prove your first marriage. but if youcould take hard steps, complain about it in human rights, women cell, police complaints.

Kalpana Reddy (software engineer)     07 June 2009

 

 

Thank u for ur valuable suggestion Sir,your answer has given me some positive hopes abt my life

jatin (self)     23 July 2009

Mem, if you are sure that your marriage with that Guy is not legal ( according to the provisions of Law) then, forget that person and relations with him, and marry with the new person with Hindu rights and rituals and get your marriage registered under Hindu Marriage Act, and then be faithful with new person. Avoid that Guy. You can defend your side if he will produce pics of yours' with him.

 

jatin thakkar

advocate

ahmedabad

Rajan Salvi (Lawyer)     14 December 2009

Above all do not hide this from second husband.

Payel Nandi (LAW STUDENT)     07 January 2010

I JUST WANT TO KNOW THAT AS IT IS NOT A REGISTERED MARRIAGE ISN'T IT A VOID MARRIAGE FROM THE VERY FIRST?

SO,THE PERSON CAN NOT PROVE THE MARRIAGE ONLY BY MERE PHOTOGRAPHS.AND THERE NEED  NO DIVOREC TO BE DONE AS IT IS NOT A REGISTERED MARRIAGE..ISN'T IT SO?


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