contd.
recently i found that she already got married and having a son aged 7yrs.she and her parents hide this matter and married me not even getting divorce from her x husband. as our marriage was in vadapalani temple. there is a form to be filled by the bride and the groom, in that form she had clearly mentioned that she did not got married and this is her first marriage.Now she is still having contact with her xhusband .And due to money she married me and now she is not giving me divorce r sex and now she is with her parents and her x husband and now iam alone for the past 6 months.am sure that she wont give divorce she is expecting money from me. She had cheated me and married and without geting divorce from her x husband she married me. will our marriage is valid , shall i marry another girl without getting divorce from her, r shall keep a seperated girl without marriying , and if i keep sex with that girl is it a crime, i want to get solution for all my questions, pls help me
2007-09-19 17:30:19 · 11 answers · asked by venkata s 1 in Family & Relationships ➔ Marriage & Divorce
There exist no legal & valid between both of you. You both happen to be Hindu by religion married according to Hindu Form of marriage in a Hindu Temple hence you are covered under the provisions of the Hindu Marriage Act, 1955. Section 5 of the Act clearly provides the condition necessary for valid marriage Condition for a Hindu Marriage. - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the marriage
In your case as you state she was already married & had a living spouse at the time of marriage with you. Section 11 of the Act provides Nullity of marriage and divorce- Void marriages. - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.
Hence in order to get this marriage declared null & void just move a petition under this section in the family court in the district where you got married or both lived together last time or where she resides now & get a decree of nullity. As far doing sex with her after marriage is no crime as you never knew her real marital status, hence the question of committing any offence of adultery with a married lady doesn't arise. The record of marriage present in the temple can be used by you to prove this marriage although void in the eye of law. Don't remarry till you get a decree of nullity to avoid any other legal complications in future although remote they may be.
2007-09-19 20:03:54 · answer #1 · answered by vijay m Indian Lawyer 7 · 8⤊ 0⤋
1. Your wife is guilty of bigamy u/s 494 IPC which carries imprisonment for 7 years as she married during a subsisting marriage.
2. Your wife is guilty u/s 495 IPC which carries imprisonment upto 10 years for marrying you by concealing her former marriage.
3. Your wife is not entitled to maintenence or alimony as she is not your legal wife.
4. Your marriage is null and void, it is not recognized by law. You simply have to go to the family court where you got married or last resided together and get a decree which says the marriage is null and void.
5. You have done no wrong and have nothing to fear. Dont allow this women to come into your home in future, collect solid proof of her earlier marriage, children, etc and produce in court.
6. If she goes to court she will have no rights against you for doing an act which is basically illegal. She cannot file Sec. 498A against you because she is not your legal wife, just tell the police she is not your wife as she has not obtained divorce from her earlier husband.
7. If she asks for money, give it to her on the condition that she gives you an affidavit admiting all that she has done i.e she is married, has children, her earlier husband is living, she has not obtained divorce from her earlier husband.
8. YOU HAVE DONE NO WRONG AND WILL NOT BE PUNISHED SO DONT BE AFRAID. If you get scared for any reason consult an advocate.
9. Inform the police where you live beforehand about all the facts with proof so they know the facts if she ever goes to them to file a case against you.
2007-09-20 08:42:12 · answer #2 · answered by Pramod R 4 · 1⤊ 0⤋
To my knowledge your marriage is not valid though you have filled a form in the temple. This is because you have not registered the marriage yet.
Considering the depth of the situation, it is better you consult a family court advocate.
Until you get the legal opinion, do not talk to that girl or indulge in any activity.
2007-09-20 01:07:52 · answer #3 · answered by spansree 2 · 0⤊ 0⤋
Your case is simple one. The marriage performed in the temple is valid, if the conditions are satisfied for valid marriage.
--if your wife's first marriage was subsisting at the time of your marriage, your marriage is NULL and VOID as per section 11 of the Hindu Marriage Act 1955. You can file a Divorce petition under same provision i.e. section 11 of the Hindu Marriage Act for Divorce.
--Upon the said facts your wife can not claim any maintenance in future also. But your wife may file cases, if she is not fair; under Domestic Violence Act and can file cases alleging offence punishable under section 498-A of IPC.
--In fact you can defend yourself in Court of Law, since the actions of your wife and her First husband come with in purview of Cheating
--But the best advice is BUY peace from your wife.
2007-09-20 02:57:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋
IF you married her in the United States..Then she can not legally be your wife because she is already married..She lied on her marriage license and in the U.S.A that makes you a bigamist. (BIGAMIST: is someone who is already married and get married again, that is very unlawful here in the states..Sounds like you were set up..Don't give her any money cause she is going to use it for her husband and there family...Don't sign anything..Without a valid license and honorable judge signed certificate she is not fully your wife....Seek some legal help with the money that she wants from you.....And please don't marry anybody till you know it's for LOVE.....
I wish you the best..
2007-09-20 01:58:28 · answer #5 · answered by The'Truth 2 · 0⤊ 0⤋
You need to register your marriage and should have a certificate. This will help you in the long run and for any statutory purposes. Please consult a solicitor who will guide you on this.
2007-09-21 05:49:06 · answer #6 · answered by Raj 4 · 0⤊ 0⤋
you are not actually legally married do get married again an start you life again before you get in mess with this decieving x of yours
2007-09-20 08:49:33 · answer #7 · answered by Perfectionist 6 · 1⤊ 0⤋
forget the girl because she cheated you. and your marriage not valid.
2007-09-20 03:34:16 · answer #8 · answered by Anonymous · 1⤊ 0⤋
by law this marrage isnt valid by how and er family decived you pal it.s law ask any lawer this he or her will tell you this fact. my opion?
2007-09-20 01:13:13 · answer #9 · answered by the_silverfoxx 7 · 0⤊ 0⤋
why would she and her family keep that from you??? I would look into that I don't think that it is legal for her to do that,
2007-09-20 01:36:33 · answer #10 · answered by E.M. 4 · 0⤊ 0⤋