Advocate Revathi Vivek

Questions Answered by Advocate Revathi Vivek

Q: Consequences of remarrying without divorcing the first wife

Hi, My marriage happened forcefully. I tried telling to both parents and in law also but they did the marriage soon also. . I never stayed one day also with my wife and left her with her parents itself. Didn’t go also to meet her once. Later I remarried love of my life. Now my parents came to know about this they brought me home and warned my love of life. Am planning to say about this to my first wife. Can I say it and will they put any case against the girl I remarried? Or any problem to her they can create please suggest me how can I save the girl from their threats and legally move this. As I have already made my mind am not gonna stay with the first wife from the beginning.

Advocate Revathi Vivek answered
I do not understand the reason for not divorcing your first wife if you wanted to marry second time. The first wife can file a case against you for adultery and cheating . I presume you are a hindu. Its better to take consent of your first wife and proceed to divorce.

Q: How to get the review of the exparte divorce

My Brother's wife has taken the exparte divorce without giving any intimation to us.so this incident happened in last year but we came to know about the incident recently, so anybody can please suggest can we go for the challenging review against them now. if so what are the steps to be followed in this procedure.

Advocate Revathi Vivek answered
If it is within the time frame of 90 days from the time of decree, you can set aside exparte decree... If it has crossed the time period, you cannot. I am sure you would have got summons for hearing before passing a decree

Q: How will the property be divided among two hindu wifes children

I wanted to know about the property distribution law among the sons of first wife and second wife in HINDU family. Here is the case - A man who married second wife without divorsing first wife with HINDU rituals and he died, now first wife having 1 daughter and 2 sons & 2 daughter from 2nd wife. So this is the complete scenario and now my questions are --- 1) Are sons of 2nd wife are eligible for getting the propery share? 2) If yes , then how the property division will be ? 

Advocate Revathi Vivek answered
If there has been no divorce, the second wife will not be eligible for any share in the property as the marriage is considered void. But if the son has written a will and has gifted any property to second wife, she will be able to transfer the said property in her name. She may although may have to pay gift tax as she is not considered to be a part of family. I hope this clarifies your query

Q: Photos given for framing 2 years back still not returned by them

I had given few scenic photos that I had got from England to a shop for framing on Oct 2016 till date the guy has not returned it and he is not available... his dad also says I don't know where he is although both of them work in the same place

Advocate Revathi Vivek answered
Please send a legal notice to the firm asking them to return the photos and claim for damages and compensation. If they don't respond to the notice, you can file a suit for deficiency of services. Hope this clarifies your query

Q: Contested divorce change to mutual divorce after date for trial given

My husband denied to give divorce in mutal consent.. now the court has been given date for trial.. Can contested one turn to mutual if he agree to give divorce ?

Advocate Revathi Vivek answered
Yes, it can be converted to mutual at any point in time if both spouses are willing to proceed to have a mutual.divorce. Please lay on your conditions and agree to them mutually so that there lies no doubt post your agreement for mutual divorce