LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

without divorce second marriage is possible according to law

Page no : 4

Shantanu Wavhal (Worker)     06 May 2012

while marrying for the second time, he must have given his status declaration as divorcee.

Anjuru Chandra Sekhar (Advocate )     07 May 2012

@Amit: "How does the man prove that he did not conceal his first marriage to his second wife?".  Very good question.  Wife is saying, he had concealed.  Man is saying "No I told her".  What happens between them in private has no witness.  So nobody to support any one of them.  How court will decide?

 

Man had arguments with wife. (I read this case today morning).  When all members of husband's family except MIL were not there, the parents, brothers of girl came.  They took the girl back to parental house along with jewellery.  Husband is doubtful that she may claim that she had not taken jewellery with her/the husband is refusing to give jewellery to her.  Supposing there are some jewellery also belonging to husband's mother in the jewellery she had taken, then it becomes a case of "theft" under IPC?  

 

One more case.  One of my friends committed suicide after coming back from honeymoon (in the year 2000 I think).  Nobody knew what was the reason.   When the girl's side came to know about the new, they all came to my friend's house and when they left house it was found that the photos, vidoes etc relating to marriage were missing.  What is the reason?  They might wanted to prove (if necessary) that marriage between my friend and that girl had not taken place at all.

 

We may be proud of improving/put in place scientific methods of investigation and admitting evidences and bringing the accused to justice, but people are losing basic human values the other side.  Fear of police, knowledge of law and evidences makes people forget their basic human values.  What does it mean when a woman who indulged in heated arguments with husband takes extreme care in taking away jewellery kept in Almirah?  What does it mean the people who came to be part of grief of a family that lost its son, keep an eye on evidences to be disappeared from that house?

 

And a husband or wife wants to prove cruelty against spouse.  What do they do?  They do some secret activity like voice recording or video recording.  Otherwise whose evidence will be taken by court as acceptable?  I do not think people should be driven crazy like this by law to gather evidences against their own family members secretly. People lose faith in each other if they do like this.  That is why criminal law should not find place in family related issues unless a crime is reported in a conflict which is punishable under Penal code, otherwise.  All family issues should be, otherwise, resolved through civil proceedings only, because a criminal proceeding vitiates the atmosphere required for reconciliation and sets people, one against the other involving them in taking unnecessary care and caution to defend themselves and in that process ending up treating their own spouse/family as their enemy (for lodging criminal complaint) because of fear of punishment under Penal Code.

 

In one of the cases relating to divorce and simultaneous criminal proceedings Supreme Court observed, “That apart, in our view, filing of a divorce petition in a Civil Court cannot be a ground to quash criminal proceedings under Section 482 of the Code as it is well settled that criminal and civil proceedings are separate and independent and the pendency of a civil proceeding cannot bring to an end a criminal proceeding even if they arise out of the same set of facts. Such being the position, we are, therefore, of the view that the High Court while exercising its powers under Section 482 of the Code has gone beyond the allegations made in the FIR and has acted in excess of its jurisdiction and, therefore, the High Court was not justified in quashing the FIR by going beyond the allegations made in the FIR or by relying on extraneous considerations.”

 

High court had earlier given a judgment quoting interalia that when a divorce proceedings are pending in Family court, the criminal proceedings are not necessary.  Apex court arrived at the above conclusions.  I am of the strong view that in every family related crime, though it finds place in Penal Code, there is a Mediation Centre at High Court level, Counsellor in police Stations, CAW and several other agencies intending to work for reconciliation among accused and the complainants, and when that is the spirit behind involving these agencies then it is necessary that when a proceeding under HMA is pending in Family court, before the Family court decides on the matter, there shall be a stay on all Criminal proceedings, because a criminal proceedings vitiates the atmosphere for reconciliation between families in dispute or the parties belonging to family in dispute.  A criminal proceedings increases bitterness among accused and complainant due to hardships they face during facing inquiry, getting bail, facing Trial etc.  Once criminal proceeding is set in motion, the chances of reconciliation become bleak and remote thus defeating the very purpose all these agencies formed to help the litigating parties arrive at some reconciliation.  In comparison to that a proceeding in a Family court is not that harmful because it is a civil proceeding hence there still remains better scope for reconciliation between litigating parties.

 

An Advocate is only concerned with "What is".  A politician is concerned with "what shall be".  Sometimes Advocates too should think like politicians, otherwise, reforms are not possible.

1 Like

Shantanu Wavhal (Worker)     07 May 2012

 

chandrasekhar.7203@ gmail.com sir,

 

i fully agree.

but still i believe - the moment spouses approach police / court, this reveals that the volcano is boiling since a long time.

 

old days are gone-

metro spouses are falling short to settle petty disputes within the 4 walls of house & to let elders intervene.

 

very sorry state.

Amit (NA)     07 May 2012

Chandrashekhar, can you cite the Supreme court's observation. This is good observation.

I'd like to study it in detail. Please mention the SC judgement number or any other detail.

Also, my questions 1 to 7 are unanswered.

Aslam (Sp)     02 August 2012

Dear sir,

I want to know that can a person marry without giving divorce to the first wife , , also ccan he marry even if the first wifr is not giving him permission.What can be done in this case, Please suggest.

In this case the man is happily married to my sister , but he is now looking to marry a lady  from his office, which is something ridicolous my sister is is under depression bcoz of this , she does net want his husband to marry that girl , she want a peaceful life with her husband ,

Please suggest what right she has to stop his husband to stop him to marry that girl and what she can to in this case to get the issue resolved , Please suggest

 

Regards

Aslam


(Guest)

Aslam,

In Islam there is no need to give divoce to first wife and no need to take permission from wife for 2nd,3rd or 4th marriage.

Wife can not stop her husband from another marriage.

Jamai Of Law (propra)     02 August 2012

My opinion to the question posted by querist (whi initiated this query):-


 

Such a marriage under hindu law  may be valid but shall not be legal (it is utterly illegal)

 

 

Validity decided on ceremony of hindu marriage. But it may be void in the eyes of law i.e. although one can't deny the marriiage ceremony validly but no standing in the eyes of law i.e. a sham marriage

 

 

The Marriage ceremony in itself, which was held,  may not called invalid .............................. but there is no standing to it in the eyes of law and also it attracts bigamy (penal offence)

 

 

Kids borned out of such marriage are to be called legitimate but second wife has no support except under DV.

Prasun Chandra Das (Banker)     08 October 2012

This is a nice discussion going on, with a lot of informative contributions.

 

I have the following queries:

(1) If a person convicted of bigamy serves jail and pays fine as pronounced in the conviction order, then after release from jail, can he marry a 2nd time? Will the 2nd marriage be legal? Will the person again be punished by jail and fine if he marries a 2nd time after he comes out of jail?

(2) Is it a punishable offence to witness/be present/support the 2nd marriage before divorce is obtained? If yes, under what section and what punishment can be meted out to the people who were witness to/supported the 2nd marriage?  

abdul majeed (ud clerk)     05 November 2013

sir,

           I am a  state govt. employee and living with my wife for 14 years.Since my wife has some problem we don't have children.We tried all the treatments including test tube(iksi). all failed and doctors said sorry.No egg.we can't do any thing.

Adoption is next solution and I thought about it.But my parents is strongly opposing it.

Now you may say divoice your wife and marry another one.That also very difficult. because she is very nice .I don't want to hurt her.

I am a muslim.And our marriage was in pure islamic manner.

My questions are

       Is it possible to marry a muslim girl without divoice?

        What will happen to my govt. job?. Is thre any threat to job?

      

jeeson varghese (gm)     28 June 2014

Dear sir

I am 42 unmarried R C and love a girl already married for more than 25 years

I would like to marry her, I am waiting for the marriage of her daughter, she also love me and ready to live with me. What are the precautions i have been taken to get her in my life?

 

 

Rohit Kumar (Business)     05 December 2017

Dear Experts,

I have a question That-   

Me n My wife staying seperate since 04 years and had a mutual mediation at high court and paida such amount for settelemet.

Now:-

We have filled a Mutual Divorce Under section 13 B. But now she is harrassing me and had been married to her boy friend 10 months back in (feb 2017) athough we just on ly had our first motion in november 2017.

Proof:-

Now I have obtained all her second marriage pictures & videos and her new aadhar card which has her new husbands name included.

I had also filled the police complained 03 months back but there is no action seems to be taken from police after the several approches.

What I can do additional, or what should I do to teach her a lesson.  

Please Advise. 

This case belongs to Hindu religion and Location is Agra UP.

 

Regards:

Rohit. 

 

Rohit Kumar (Business)     05 December 2017

Dear Experts,

I have a question That-   

Me n My wife staying seperate since 04 years and had a mutual mediation at high court and paida such amount for settelemet.

Now:-

We have filled a Mutual Divorce Under section 13 B. But now she is harrassing me and had been married to her boy friend 10 months back in (feb 2017) athough we just on ly had our first motion in november 2017.

Proof:-

Now I have obtained all her second marriage pictures & videos and her new aadhar card which has her new husbands name included.

I had also filled the police complained 03 months back but there is no action seems to be taken from police after the several approches.

What I can do additional, or what should I do to teach her a lesson.  

Please Advise.  

This case belongs to Hindu religion and Location is Agra UP.

Regards:

Rohit. 

 

Piyu jain   02 May 2018

Hello i have to ask something my father is married with my mom in 1979 and my mom is first wife of my father but my father have affair with another lady also we are onr brother and sister in 2001 my father married to that second lady in without gave divorce to my mom which we dont know we thought she is living just like that with my father in another house but know in 2017 my father is died in december and after that that second lady starting greedyness and asking for the legal rights in property she is asking to share in property and giving trouble to us pls suggest anynone is she have rights we dont know b4 that she is married to my father but know she is telling to everyone that we got married i have photos and certificates but how it is possible that she is married with my father if my mom not gave a divorce to.my father in whole life she is giving so much trouble to us she dont have any cgild pls give any suggestion anybone pls

Piyu jain   02 May 2018

Hello i have to ask something my father is married with my mom in 1979 and my mom is first wife of my father but my father have affair with another lady also we are onr brother and sister in 2001 my father married to that second lady in without gave divorce to my mom which we dont know we thought she is living just like that with my father in another house but know in 2017 my father is died in december and after that that second lady starting greedyness and asking for the legal rights in property she is asking to share in property and giving trouble to us pls suggest anynone is she have rights we dont know b4 that she is married to my father but know she is telling to everyone that we got married i have photos and certificates but how it is possible that she is married with my father if my mom not gave a divorce to.my father in whole life she is giving so much trouble to us she dont have any cgild pls give any suggestion anybone pls

Piyu jain   02 May 2018

Hello i have to ask something my father is married with my mom in 1979 and my mom is first wife of my father but my father have affair with another lady also we are onr brother and sister in 2001 my father married to that second lady in without gave divorce to my mom which we dont know we thought she is living just like that with my father in another house but know in 2017 my father is died in december and after that that second lady starting greedyness and asking for the legal rights in property she is asking to share in property and giving trouble to us pls suggest anynone is she have rights we dont know b4 that she is married to my father but know she is telling to everyone that we got married i have photos and certificates but how it is possible that she is married with my father if my mom not gave a divorce to.my father in whole life she is giving so much trouble to us she dont have any cgild pls give any suggestion anybone pls

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query