Can he get his first marraige dissolved and get his second marraige a valid status. Then please let me know how fast can he get his first marriage dissolved and also the rights of the child born out of second marriage.
2007-09-02 21:56:50 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
He got married according to Hindu customs in India. The first wife has not been communicating with him since 5 years.
2007-09-03 00:38:14 · update #1
No doubt the way out told by Pramod is correct but as you had mentioned that there is no communication between both have them for the last 5 years, let him wait for two more years then he can seek divorce on the ground as provided under section 13 (vii) of the Hindu Marriage Act :-has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; Other then this the ground of desertion of more then two years is also available to him for seeking divorce now. As far divorce by mutual consent, no doubt that’s the best ground for seeking divorce in the shortest time period in India but as you say there is no communication between them for the last 5 years & this ground requires both to move the Family court jointly for divorce it may not possible in this case. As far getting the second marriage validated after the dissolution of the first marriage is concerned that can be done by him by again getting married with his second wife according to Hindu form of marriage & by getting this second marriage registered under section 8 of the Hindu Marriage Act, 1954 by the Marriage Registrar. As far the legitimacy of the Children born by second marriage is concerned they are legitimate by virtue of section 16 of the Act & need not worry about this. They can inherit the self acquired property of their father as well the Hindu joint family as Coparcener by their birth. How long the process of divorce take depends if this divorce petition is contested by the first wife or not, if she fails to contest the divorce petition after being served the notice by the family court then not much time will be taken for obtaining the decree of divorce but if it is contested any time can be taken from 3 to 5 years or even more depending on the various issues that are brought before the family court by both the parties etc.
2007-09-03 01:10:22 · answer #1 · answered by vijay m Indian Lawyer 7 · 8⤊ 0⤋
The fastest way to dissolve the first marriage is with the consent of the first wife. If the wife of your NRI brother agrees to a divorce by mutual consent, then you can get a divorce in india in 6 months.
The child born of an invalid second marriage is legitimate, and is entitled to the self acquired property of the father but not the ancestral propety. The law tries to avoid making children illegitimate for the mistakes made by the parents.
If the first wife does not agree to a divorce, then you can use the ground of desertion, cruelty, irretreivable breakdown of marriage as grounds for asking for divorce.
If the first wife comes to know about the re-marriage, and she is unmarried she file a case of bigamy u/s 494 IPC.
It may be better to pay the first wife some money and make her consent to a divorce by mutual consent.
2007-09-03 05:28:04 · answer #2 · answered by Pramod R 4 · 0⤊ 0⤋
This is simple abandonment is a ground for divorce, any where or annulment.
See a Hindu law lawyer. A priest usually registers the marriages in the civil register also so find the priest and or give the priest's detail to the lawyer.
His present marriage may even be valid.
He must see a lawyer well versed in the law of the land where his second (present) marriage took place, to see if he need to do any aditional paper work to bring the records up to date.
2007-09-03 11:51:23 · answer #3 · answered by minootoo 7 · 0⤊ 0⤋
I don't know whether your brother being an NRI comes under Indian Marriage Laws or the Marriage Laws of the country of his residence. Without a divorce from his first wife, his second marriage is illegal according to Indian Law.
Having been separated from his wife for 5 years now, he can apply for and get a divorce according to Indian laws.
The child from his second marriage is entitled to some sort of maintenance to the best of my knowledge.
2007-09-03 09:34:39 · answer #4 · answered by Modest 6 · 0⤊ 0⤋
He must first divorce the first wife, then only he can register the second marriage, until then the child born out of second marriage is illegal and has no rights
2007-09-03 05:16:09 · answer #5 · answered by wizard of the East 7 · 0⤊ 0⤋
Without getting the divorce papers from a Court of law, he cannot remarry.
He has to apply for divorce. He may get it fast, if the first wife mutually consents.
If not court proceedings may take years.
For other things consult an Advocate.
2007-09-03 09:51:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Depends on how he obtained status.
If he got his green card by marriage, it is harder to bring a new spouse to the US....I thinks rules say five years after status is obtained then he can sponsor a wife if his income can support the three of them...
Rights? Depends on the issue....
2007-09-03 05:15:38 · answer #7 · answered by Anonymous · 0⤊ 0⤋
NRI = Non-resident Indian? Need more details about where your brothers marriages took place and where he is living now.
2007-09-03 05:06:55 · answer #8 · answered by skunk pie 5 · 0⤊ 0⤋
arrange a lawyer...
2007-09-03 05:14:16 · answer #9 · answered by Anonymous · 0⤊ 0⤋
this is called bigamy and is illegal!
2007-09-03 05:07:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋