Divorce advise needed - My cousin got married
1 year ago
My cousin got married in Feb.
After marriage the groom declined to have a husband wife relationship with her. My cousin realised that the guy has involved with some other girl before marriage and hence is not willing to accept her as wife. Groom's family earlier consoled her by saying that "in a few years" things will get better. They are now saying that if things do not go well they will get her married to someone in 10 years time. The groom still continues to ignore my cousin.
Verbally, he had also agreed to go for mutual divorce.
We feel. that we have been cheated i) groom go married without any intention of living a married life with my cousin. ii). Groom's family always tried to keep my cousin in the dark about the reasons why the groom was not mingling with my cousin.Initially there reasons were that he is shy etc. Later my cousin figured out the reason through other relatives of the groom. iii) Groom has agreed that there was a girl in his life but now he does not have her any more
Groom has confirmed many times that he has no intent of living like husband wife with my cousin.
What are the options we have here ?
A.In my humble suggestion, within a year after their marriage, your cousin must file a complaint for nullity of marriage against her husband. She can even sue her spouse for maintenance in order to demand regular payments to support herself.
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A.Dear Madam,
Husband cannot walk away from marriage bound so easily. If he marries for 2nd time the following provision of law will attract.
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Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Second marriage during the subsistence of the first marriage is illegal in India and the relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, second marriages can be declared null and void.
LAW IN DETAIL………………………….……………….……… …………… …… Bigamy becomes an offence only if the husband or wife is alive. It is an offence even if it is performed with the consent of the first wife. It will not apply, • if the husband or wife of the first marriage is dead or • if the first marriage has been dissolved by a decree of divorce or • the former marriage is void or declared void by a decree of nullity Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. In Sarla Mudgal v. Union of India (1995 air 1531 SC), the Supreme Court held that, • If a man after renouncing Hindu religion has adopted Muslim religion and he without taking divorce from his wife has married again, then this marriage is not legal. • He will be punished for committing bigamy under section 494 IPC Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. However, this offence committed under section 495 is not compoundable. As for the second wife, though she is not entitled to any kind of right or share in the husband’s property, she can also claim interim maintenance from her husband. In Laxmibai v. Ayodhaya Prasad, it was held that ‘wife’ and ‘husband’ used in Section 24 of the Hindu Marriage Act are not be given strict literal meaning. The expression should mean a person claiming to be wife or a husband. In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act. Interim maintenance under Section 20 is also allowed. The children from the second wife are entitled to share in their father’s self –acquired property. PROCESS FOR SOLUTION……………………………….………… ……………… Complaint Under which Section ? …………………………… … …………… Only the person aggrieved can complain in case of bigamy. If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code. A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife. A complaint can also be filed for cheating under section 415 IPC for fraudulently deceiving the person by keeping the subsistence of the first marriage a secret. Whom to complain / where to complaint? ……………….. …………………… The wife can file a complaint either in the court or in the Police station. How to file the Case ? ………………………… ………………... ………… …… The Supreme Court has laid down that proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties is absolutely essential and a must for conviction for bigamy. Mere admission by the accused is not enough. What Next ? …………………………..………………………... …… ……………… Appeal lies to the next higher court in the hierarchy. ALTERNATE REMEDIES………………………………………..………………… … If the offence is committed under section 494, it can be compounded with the permission of the court.
http://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/bigamy
Does a provision differ for different religions?
Even though Indian Penal Code prohibits and punishes for Bigamy, it is necessary that Personal laws in India should prohibit bigamy. We can go through the following Personal laws in India to understand this concept-
1. Hindu Marriage Act– Section 1 of Subsection (a), (b) and (c) states which specific religion and persons come under this Act. Thus, under Section 17 of Hindu Marriage Act, any person considered Hindu according to Section 1 marries again during the life of first husband/wife, shall be punished under Indian Penal Code provision.
2. Parsi Marriage and Divorce Act– Section 5 of this act declares Bigamy null and void or dissolved and imposes a penalty under Section 494 and 495 of Indian Penal Code.
3. Christian Marriage Act– Even though the Christian Marriage Act doesn’t have specific provision for Bigamy, Form of Register Marriage is only for Bachelor/Spinster and Widow/Widower. For Marriage Certificate Section 60 Sub Section (2) states that “neither of the persons intending to be married shall have a wife or husband still living”, and making false oath or declaration is punishable under Section 193 of IPC, this clarifies that more than one marriage will be considered illegal under this act.
4. Special Marriage Act 1954– Section 44 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
Foreign Marriage Act 1969- Section 19 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
5. Muslim Marriage Law– There are no codification or specific provisions for this law. It is written in Quran that a Muslim male can marry two, three or four times, if they are capable to treat and respect each wife equally after marriage, if not then only one.
If a person marries more than once under Hindu Marriage Act, Parsi Marriage and Divorce Act, Christian Marriage Act, Special Marriage Act and Foreign Marriage Act, he/she will be punished according to Indian Penal Code.
And according to Muslim Marriage law, any Muslim Male committing Bigamy is not invalid and hence not an offence.
Husband cannot walk away from marriage bound so easily. If he marries for 2nd time the following provision of law will attract.
==========================================================
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Second marriage during the subsistence of the first marriage is illegal in India and the relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, second marriages can be declared null and void.
LAW IN DETAIL………………………….……………….……… …………… …… Bigamy becomes an offence only if the husband or wife is alive. It is an offence even if it is performed with the consent of the first wife. It will not apply, • if the husband or wife of the first marriage is dead or • if the first marriage has been dissolved by a decree of divorce or • the former marriage is void or declared void by a decree of nullity Section 494 of the Indian Penal Code exempts from punishment a second marriage contracted seven years after the absence of the spouse. In Sarla Mudgal v. Union of India (1995 air 1531 SC), the Supreme Court held that, • If a man after renouncing Hindu religion has adopted Muslim religion and he without taking divorce from his wife has married again, then this marriage is not legal. • He will be punished for committing bigamy under section 494 IPC Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both. However, this offence committed under section 495 is not compoundable. As for the second wife, though she is not entitled to any kind of right or share in the husband’s property, she can also claim interim maintenance from her husband. In Laxmibai v. Ayodhaya Prasad, it was held that ‘wife’ and ‘husband’ used in Section 24 of the Hindu Marriage Act are not be given strict literal meaning. The expression should mean a person claiming to be wife or a husband. In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act. Interim maintenance under Section 20 is also allowed. The children from the second wife are entitled to share in their father’s self –acquired property. PROCESS FOR SOLUTION……………………………….………… ……………… Complaint Under which Section ? …………………………… … …………… Only the person aggrieved can complain in case of bigamy. If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code. A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife. A complaint can also be filed for cheating under section 415 IPC for fraudulently deceiving the person by keeping the subsistence of the first marriage a secret. Whom to complain / where to complaint? ……………….. …………………… The wife can file a complaint either in the court or in the Police station. How to file the Case ? ………………………… ………………... ………… …… The Supreme Court has laid down that proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties is absolutely essential and a must for conviction for bigamy. Mere admission by the accused is not enough. What Next ? …………………………..………………………... …… ……………… Appeal lies to the next higher court in the hierarchy. ALTERNATE REMEDIES………………………………………..………………… … If the offence is committed under section 494, it can be compounded with the permission of the court.
http://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/bigamy
Does a provision differ for different religions?
Even though Indian Penal Code prohibits and punishes for Bigamy, it is necessary that Personal laws in India should prohibit bigamy. We can go through the following Personal laws in India to understand this concept-
1. Hindu Marriage Act– Section 1 of Subsection (a), (b) and (c) states which specific religion and persons come under this Act. Thus, under Section 17 of Hindu Marriage Act, any person considered Hindu according to Section 1 marries again during the life of first husband/wife, shall be punished under Indian Penal Code provision.
2. Parsi Marriage and Divorce Act– Section 5 of this act declares Bigamy null and void or dissolved and imposes a penalty under Section 494 and 495 of Indian Penal Code.
3. Christian Marriage Act– Even though the Christian Marriage Act doesn’t have specific provision for Bigamy, Form of Register Marriage is only for Bachelor/Spinster and Widow/Widower. For Marriage Certificate Section 60 Sub Section (2) states that “neither of the persons intending to be married shall have a wife or husband still living”, and making false oath or declaration is punishable under Section 193 of IPC, this clarifies that more than one marriage will be considered illegal under this act.
4. Special Marriage Act 1954– Section 44 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
Foreign Marriage Act 1969- Section 19 of this act states punishment for Bigamy and imposes a penalty under Section 494 and 495 of Indian Penal Code.
5. Muslim Marriage Law– There are no codification or specific provisions for this law. It is written in Quran that a Muslim male can marry two, three or four times, if they are capable to treat and respect each wife equally after marriage, if not then only one.
If a person marries more than once under Hindu Marriage Act, Parsi Marriage and Divorce Act, Christian Marriage Act, Special Marriage Act and Foreign Marriage Act, he/she will be punished according to Indian Penal Code.
And according to Muslim Marriage law, any Muslim Male committing Bigamy is not invalid and hence not an offence.
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Subhashis Paul
Responded 1 year ago
A.First of all, your cousin shall file a nullity of marriage case against her husband within one year of their marriage....... Secondly she can file a maintenance case against her husband for claiming monthly maintenance for her survival.... Thirdly she shall file a contested divorce case only after completion of one year of their marriage..... Fourthly she can file an alimony suit against her husband after getting the decree of divorce.... Fifthly, she can file a criminal complaint case u/s 498A/ 406/ 120B/ 34/120B & 3/ 4 D. P. Act against your husband and parents in laws.
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A.Dear Client
In case you wan your cousin wishes to go for annulment of marriage, which is allowed within one year of marriage, then she can file a case for annulment of marriage. After expiry of one year from the date of marriage she can file a case for dissolution of marriage through divorce.
Regards
In case you wan your cousin wishes to go for annulment of marriage, which is allowed within one year of marriage, then she can file a case for annulment of marriage. After expiry of one year from the date of marriage she can file a case for dissolution of marriage through divorce.
Regards
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