Unregistered declaration of Hindu marriage: Legal Value


A client of mine had married a girl a/c to Hindu rituals back in 2009. Since the marriage was solemnised within hours of having taken the decision to marry, there was no wedding invitation card etc., and photography etc. The only proof of the said marriage is the eye-witness of some very close friends and relatives of the groom. Since the marriage was solemnised without the consent of the bride's family, it was deemed necessary to have it registered. The Hindu Marriage registration form (that contains declaration of the marriage), duly signed by all the parties. But the client forgot to have it registered. ======= Now, there is a turn in the story, Bride's family later agreed to the marriage, and insisted to take her back for a few days. After a few weeks the Bride's family informed the my client has been dead. It turns out, she was married off to someone else, and she's for whatever reasons accepted that (void) marriage. ============= My question to you all learned advocates is: 1. Does that unregistered, but duly filled, marriage declaration is of any legal value? 2. Can the bride be sued for practising polygamy? 3. Are there any other laws that can be used to sue the bride, bride's family?
 
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marriage solmonised before few persons no proof is left it is very hard to prove it. U do one thing after marriage all the documents are changed or not. I.e in adhar card whether she is mentioned as w/o_. In ration card .voter list her residential address.any letters or registered post stating her thatasw/o.otake some valid proof and file hAbeas corpus. Writ in high court.

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Retired employee.

What is your client's demand now?

Whether he wanted to take back his wife from the other married man and live with her?

Where is the punishment here when a married wife went with another man with her consent and maximum it is the husband that has to establish a marriage and then seek divorce through the court of law after undergoing a lot of trauma, spending time and money?

or

Teach a lesson to the wife's family and disturb the peace of mind of several families.

If his wife married another man and left, ask him to ignore the past as a nightmare and to lead a fresh life.

 
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CEO

Since there is no tangible and verifiable evidences of marriage it will be a futile exercise
 
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Lawyer

You havent mentioned the timeframes, he married in 2009, when did his wife left him. And did they have any childern ?

 
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FIN

If proper solemnization of 1st marriage can be established, then the said lady in query was legally wedded wife as on date of her 2nd marriage and her marriage can be void.

Likewise proper solemnization of 2nd marriage is to be established.

The Lady may state that she has not married/been lving with 2nd man under any pressure.

Moreover Lady being mature could very well deny for such 2nd relationship.

Her 2nd male companion (2nd husband as in query) might not be aware of the facts.

Even if the 1st husband, said lady agree to divorce per customs of tribe, per provisions of personal law that applies thru court the 2nd marriage may not be valid.

She can marry again after divorce.

IT is upto your client to agree to resolve the matter amicably or agitate before authorities, court.

However irrefutable evidences, unshakable witnesses are required in court.

 
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FIN

You may take opinion from a very able LOCAL senior counsel specializing in concerned filed of law e.g; Famil/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

Many senior counsel advise colleagues without any FEE.

You can go thru/search the cases contested by any Lawyer at court website.

In the meantime ou may pick up relvant points from various threads, Articles, Files at LCI;

e.g; Article under my profile;

“Child born from arrangement other than marriage has no right on Hindu Father's property!”

 
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Lawyer

I agree with expert advise of Mr. Kumar Daob to a great extent.

1. Was intitial marriage conumated after solemnisation, if affirmative, it is valid?

2. Can you establish that the couple got married (even in the absence of written evidence like wedding invitation card, photography, vedio recording etc.) it is valid.

3. If so, collect evidence qua subsequent marriage stated to have been solemanised by parents of bride and move complaint u/s 494 IPC.

 4. Discuss with and consult a local prudent lawyer for better appreciation of facts and guidance.

 
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FIN

Thanks for agreeing Dr. J.C.Vachitra ji.

Pls correct the spelling error.

 
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