Q1. Please somebody help me to find legal problems to be faced to
marry an elder one. Myself 27 and she is 33 is there any additional requirement
to register our marriage. -VR
Ans. There is no problem marrying a girl who is
elder to you. Both of you are majors and as per law the
girl above the age of 18yrs and boy above 21 yrs can marry. You can also
register your marriage with the Sub jurisdictional marriage registrar. However,
physical and mental compatibility between you both must be verified for a
fruitful marital life.
Q 2. My friend is
in love with a married man, and they want to get married and live together. The
problem is that her boy friend is willing to marry her but not willing to
divorce his first wife. Is it possible to marry again without divorcing his
first wife? My friend does not mind her boy friend not divorcing his first
wife. All she wants is that he marries her and lives with her that’s all. Is it possible to have
a legally valid marriage?
Ans. legally it’s not
possible to perform the marriage as the marriage will be an illegal marriage.
Further the first wife can file a criminal case for bigamy against the husband.
Hence it is advisable to first take divorce and then perform the marriage.
Certainly there are cases where a man has performed two marriages and
continuing with both the relation. This can be only possible if the first wife
is having no objection of having second wife. Consent has to be obtained in
writing.
Q 3. My friend has been
in an abusive marriage. Some time ago she lost her 18 yrs son to road accident.
She now wants a divorce as her husband is blaming her for the loss. Her boyfriend too lost
his wife soon after and they gradually became mutually dependent. They wish to
get married after her divorce. Can she move in to his house and then file for
the divorce? How should she proceed? Her boyfriend has a married daughter and a
20 yrs old unmarried son who lives with him.
YH
Ans. Your
Friend should first for mutual divorce, if it fails than; she may file for
divorce against her husband on grounds of cruelty before district judge with
appropriate jurisdiction. She may do so even while residing with her husband. She
can seek restraining orders against her husband if the need arises. She could
also lodge a complaint with the local police station against him before filing
for divorce. Moving to her boyfriend's place before the divorce will not only
weaken her case, it could also invite criminal charges of adultery against her
boyfriend.
Q 4. I've
applied for Divorce, before 3 years and my wife purposely dragged on the case
and they also spoke to the Judge in person and so he ordered to change the Court
and he started to yell at me in public in the Court during my hearings. So now
the Court has been changed and got transferred to another court again there is
a Lady Judge, and my ex-in laws went and acted as if they are angels sent from God.
She didn’t read any papers of the case or my merits. She got an order from the High
Court that the case has to be closed on a specific date. And the Lady Judge dismissed
the case in court...having all the merits of the case, my case got dismissed.
The Lady Judge said the judgment in the open
court...she said... all the laws are in favour of the female's only in India
now I don’t know what to do...its almost 3 years since we have been living separately..I’ve
applied for the appeal in the High Court but my friends are asking me “how long
will you be going like this for the courts? "And my question is what if
the case in High Court also gets dismissed ... my life will be a question
mark...now my ex-in-laws are started harassing me. They are giving calls from
PCO and telling me that they will lock me up in jail, if I don’t re-unite...I’m
so scared and I want to flea away somewhere. Please guide me. -DF
Ans. If your divorce petition is dismissed for
some or other reasons, the Ld. Judge must have given her reasons for dismissing
your case. Further, you have filed an appeal which is pending in the High
Court. If you do not succeed then you can file an appeal in the Supreme Court
of India. Please do not loose your hope as you have availed all the remedies
available to your for taking divorce. Please retain a good counsel to argue
your case in the High Court.
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