90,000+ Legal Questions Answered
Adultery
5 years ago
My sister is 29 years old. A 39 year old married man has convinced her to marry him. He has a 8 year old son. He says that he will divorce his wife, but his wife does not want to divorce him, neither she wants to file a case in the name of family reputation. Mh sister and that guy are working in australia, currently they are in India and about to leave on 6 Jan. we have tried explaining to both about the negatives, but they are not listening. The guy has convinced my sister to an extent that she says that she will suicide. Can we file a complaint against the guy? and what grounds should we file a complaint
A.Dear Client,
First you decide what to do.
Then get in to action.
cases can be filed in Australia under Australian Law even if he has taken Australian Citizenship.
If he is a NRI this can also be taken up as per the norms and guidelines of Government of India.
But either your sister or his first wife has to come farward.
This much for the time being.
Shanti Ranjan Behera
Advocate
First you decide what to do.
Then get in to action.
cases can be filed in Australia under Australian Law even if he has taken Australian Citizenship.
If he is a NRI this can also be taken up as per the norms and guidelines of Government of India.
But either your sister or his first wife has to come farward.
This much for the time being.
Shanti Ranjan Behera
Advocate
Helpful
Helpful
Share
Ambrose Leo
Responded 5 years ago
A.You have complex issue,better to contact a expert lawyer from this panel to take up all aspects of the issue quickly under the Australian Law which are applicable, secondly you have option to take action against the person who is punishable under the law in India & Australia.
Helpful
Helpful
Share
Shreyash Mohta
Responded 5 years ago
A.Sir, marriage outside India will not be recognized in India. Given the situation that the married man also has a wife who is not ready to divorce him & neither is she ready to file a divorce petition due to family reputation, the marriage between your sister & that man will be a second marriage.
The legal requirements for marriage in Australia are as follows
1. The person shall not be married to someone else.
2. Shall not be marrying a parent/grandparent/child/grandchild/brother/sister.
3. Be over and above 18 years [in exceptional circumstances, between 16 to 18 yrs is also allowed]
4. Understand what marriage means & must freely consent to marrying.
5. Use specific words during the ceremony.
6. Give notice to the other party with the intention to marry her.
You don't need to be an Australian citizen or a permanent resident of Australia to legally marry here.
Polygamy is not permitted in Australia.
Any person who marries another person, knowing that the previous marriage is still subsisting, commits an offence of BIGAMY under section 94 of the Marriage Act, 1961 which carries a maximum penalty of 5yrs imprisonment.
Whether or not either or both the partners are aware of the previous subsisting marriage, the second marriage is null & void.
Australia's former Attorney General Robert McClelland has said that "There is absolutely no way that the government will be recognizing polygamist relationships. They are unlawful & shall remain as such".
In my opinion sir, you should explain the same things as mentioned above to your sister so that she understands that her marriage will hold no value in the laws of Australia. also such an act if done by the man as mentioned in your query will be a punishable offence & might also land him into prison for a period of 5 years.
Such explanation should help. or else do consult a counselor for such issues who might be of better help.
As far as the legality of such marriage is concerned it has been discussed above in my reply.
Hope this helps you to solve your query & also makes your sister understand what they will be doing is punishable & also amounts to Bigamy in the laws of Australia.
Thanking You
Shreyash Mohta
The legal requirements for marriage in Australia are as follows
1. The person shall not be married to someone else.
2. Shall not be marrying a parent/grandparent/child/grandchild/brother/sister.
3. Be over and above 18 years [in exceptional circumstances, between 16 to 18 yrs is also allowed]
4. Understand what marriage means & must freely consent to marrying.
5. Use specific words during the ceremony.
6. Give notice to the other party with the intention to marry her.
You don't need to be an Australian citizen or a permanent resident of Australia to legally marry here.
Polygamy is not permitted in Australia.
Any person who marries another person, knowing that the previous marriage is still subsisting, commits an offence of BIGAMY under section 94 of the Marriage Act, 1961 which carries a maximum penalty of 5yrs imprisonment.
Whether or not either or both the partners are aware of the previous subsisting marriage, the second marriage is null & void.
Australia's former Attorney General Robert McClelland has said that "There is absolutely no way that the government will be recognizing polygamist relationships. They are unlawful & shall remain as such".
In my opinion sir, you should explain the same things as mentioned above to your sister so that she understands that her marriage will hold no value in the laws of Australia. also such an act if done by the man as mentioned in your query will be a punishable offence & might also land him into prison for a period of 5 years.
Such explanation should help. or else do consult a counselor for such issues who might be of better help.
As far as the legality of such marriage is concerned it has been discussed above in my reply.
Hope this helps you to solve your query & also makes your sister understand what they will be doing is punishable & also amounts to Bigamy in the laws of Australia.
Thanking You
Shreyash Mohta
Helpful
Helpful
Share
Deepak Panjwani
Responded 5 years ago
A.As per Hindu marriage Act, any marriage with the person already having a spouse is not a marriage. Accordingly, u should advice ur sister to seek matrimonial counseling from a counselor who would explain the pros and cons of such an act and also the safer way to make the approach towards what she wishes to do.
Helpful
Helpful
Share
A.Dear Sir
immediately file a complaint and see that he cannot fly.
immediately file a complaint and see that he cannot fly.
Helpful
Helpful
Share
Read Related Answers
OBC NCL certificate
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Marriage problem
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Court marriage
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
I am staying in pagree room
Dear Client,
In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...
Legal Procedure To Move Out For Adult Female
Dear Client,
When you are experiencing such type of toxic and abusive behaviour from your own parents, you can get in touch with a social worker or NGO who renders dedicated service to help you out o...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
