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What to do when there is a dispute regarding marriage


07-Jul-2023 (In Family Law)
My Brother in Law had done second marriage to an unmarried girl and registered via Arya Samaj, later she got married to another person and happily living her life, he also returned to his normal married life with first wife. Now First wife found that marriage certificate and now creating so mujhe trouble to him, disrespecting and embarrassing in public and continuously black mailing him for court and police complaint, could you please suggest what he can do ? He is ready to continue his married life with her but she abuse him every time and her family is also misbehaving abusing and blackmailing, what should we do? And can we null and void his second marriage?
Answers (3)

Answer #1
678 votes
hello,
you BiL married a girl while he was married. the law does not recognize the second marriage therefore that 2nd marriage was null and void. it did not exist in the eyes of the law both for the girl and the boy. you don't have to go to the court to make the 2nd marriage null and void. it already null and void. it is as if it never happened. but as far as his wife is concerned she has the proof and although she cant punish the girl or her husband, she can demand a divorce on grounds of adultery committed by her husband. you can go for mediation or somebody can negotiate on your behalf and talk to the wife.
regards
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Answer #2
585 votes
Hello,
First of all clear ur relationship with the person in whose favour are talking about !
According to the situation given above this is governed by The Hindu Marriage Act 1955, and according to which second marriage in course of the continuation of first marriage with spouse being alive is Null & Void in itself.
So in your case it the fault of the man, you are asking about which is a matter of dispute.
Best is that both of them must settle to safeguard there marriage, otherwise the first wife can file a case of Polygamy ( section 494 IPC) so to avoid facing each other in court both of them must come to a mutual agreement to continue your marriage and family.
For more information contact, LawRato.
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Answer #3
1000 votes
In this regard he can found relief out of court threw a healthy mediation of intellectual and learned counsel and all this will easily managed and the second d marriage certificate will not be hamper his life so let me know all the essential dates and document so I can help u better
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