• Mutual divorce conditions

Hi , 
I got married on 18 march 2013. We have 4 years older boy child.my wife had affair in her office with manager due to which we took mutual divorce on jan 2018.After 1 year we again did remarriage for the sake of child future,with the condition she will leave that job where earlier she was involved in affair .But few days later she started meeting her manager again and asking to do job in same offfice when i disagreed with it she left home took kid with her and now its been almost 9 months.She is ready to give divorce but asking me write down that i will never file case for child custody.
So below is my concern please guide me on this.
1. Remarriage happened in normal temple not arya samaj and also did not take 7 pheras we both are hindu is marriage valid although we were having relatives from her side and my side. Is this valid for marriage ? 
2. If it is valid marriage if i am ready to accept her condition that i will file child custody case in future irrespective of any circumstances , still in any situation can i file custody case in future by putting valid reasons.
3. If child stays with her, child later can ask for my property ?
If i would put condition in mutual divorce that i disown him from property or what preventive measure i can take not to give property to my child however in future if i want i will give with my will but want to restrict them on this legally.
4. I am suspect she has done registered marriage with her manager so how can i get there marriage registration proof so that i can charge manager for polygamy nd also my wife .her manager is already married.
Asked 8 months ago in Family Law
Religion: Hindu

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13 Answers

1( it is not valid marriage as it was not done as per customary Hindu Vedic rites and rituals 

 

2) welfare of child is paramount consideration 

 

3) seek joint custody of your child 

 

 

4) on your demise intestate child would inherit your property 

 

5) take search in marriage registrar office as to whether marriage is registered or not 

Ajay Sethi
Advocate, Mumbai
76940 Answers
4620 Consultations

5.0 on 5.0

1. If taking pheras is integral custom of marriage of your caste then this is not a void marriage.

2. Whether this is a void marriage r not your right over the child remains and you can file the custody suit at any point of tie.

3. Child has right of share in your ancestral property which does not get relinquished whether he stays with you or with her.

4. You can send letter under RTI Act to the registration office seeking such information. 

Devajyoti Barman
Advocate, Kolkata
20769 Answers
296 Consultations

5.0 on 5.0

1. See the marriage is valid and also if you challenge the validity of the marriage it shall take a long time before the court better is to seek divorce if she is ready to give same.

2. Yes after signing to such condition also citing reason you can file for child custody seek permission of child visitation and custody.

3. See it's your biological child he shall.have right to property for same then you need to prepare a will giving your property to person you want if you donot want him to get same.

4. See you have to search for same in the marriage registrar records and ask for certified copy of the certificate if there is any certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25195 Answers
105 Consultations

5.0 on 5.0

1. It's valid if saptapadi is done. 

2. Yes you can file. 

3. Yes as he is your child. He can't ask property if you have already given him his share or it's your self acquired property and you have executed will not to give him. 

4. You can get it from marriage sub registrar through RTI

Prashant Nayak
Advocate, Mumbai
20562 Answers
38 Consultations

4.4 on 5.0

If the Hindu practice was not followed then no marriage. 

Yes you can write this but later on you can go agead and demand custody.

Yes you can disown him from your property. Also for registered marriage information go to the registrar office.

Regards 

Rahul Mishra
Advocate, Lucknow
9789 Answers
18 Consultations

5.0 on 5.0

Hi,since you have been remarried,it is advisable to apply for divorce again ,to avoid any legal claims in future ..Also if she has remarried in between with her colleague ,it will be a void marriage ..

Hemant Chaudhary
Advocate, Gurgaon
4563 Answers
39 Consultations

4.9 on 5.0

Circle of holy fire and enchanting of mantras are essentials for valid marriage, mere sharing garland and filling vermilion between parting of heads dose not complete marriage.

No divorce decree required, you can directly apply for child custody. Hope you have strong proof of her continuous adultery.

Mutual settlement dose not cease custody rights, can apply any time.

You can disown/disinherit child be public notice and ouster of inheritance through testamentary disposition (WILL).

But till attained majority, child is entitle to maintenance. Use local source and check at local municipal office or court marriage office.

 

Yogendra Singh Rajawat
Advocate, Jaipur
20102 Answers
28 Consultations

4.5 on 5.0

1. Yes marriage is valid.

2. Yes you can file case for custody of your child when she doesn't give proper care and upbringing to your child. 

3. Yes child can file claim for your ancestral property But not for your self acquired properties. 

4. You can get details of marriage registration through RTI if marriage is registered.

Mohit Kapoor
Advocate, Rohtak
9321 Answers
3 Consultations

5.0 on 5.0

1. Once  the marriage has been solemnised in the presence of witnesses, it is legally valid.

2. The child custody case can be filed at a later stage also because the one what you give in writing now cannot be legally enforceable even if she is trying to defend the case in her favor.

3. Neither your child nor anyone can claim any share in your property as a right at least not during your lifetime.

4. Your suspicions cannot become law, hence you may through your own sources, find out that if the same is true and then collect evidence for that to initiate legal action for the offences of bigamy against them.

 

T Kalaiselvan
Advocate, Vellore
66936 Answers
884 Consultations

5.0 on 5.0

it is LEGALLY VALID marriage. 

you can file custody of child 

if property is ancestral then your child can claim his/her share. if it self acquired by you then child cannot claim share. 

You can get registered marriage information from Registrar office.You can hire private detective they can provide complete details. 

Mohammed Mujeeb
Advocate, Hyderabad
17327 Answers
11 Consultations

4.5 on 5.0

Dear Sir,

Yes, it is a valid marriage. and you can file child custody case any time after the 5 year s of child age.

Yes. Even if a marriage is not registered it is legal, valid and binding on both parties. Section 7 of Hindu Marriage Act  that very moment the marriage is complete and binding. Boy and girl from anywhere in India can contact for legal marriage.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
26 Consultations

4.8 on 5.0

1. In Hindus marriage without saptapadhi is no marriage. However, if you have been projecting yourself as married in the society after the said ceremony then it will not be possible for you to prove that saptapadhi had not taken place.

2. Your child is your Class 1 heir, hence after your lifetime he will succeed to your properties if you do not alienate or bequeath them during your lifetime, but during your lifetime he has no share in your properties.

3. Section 497 of IPC which criminalised the act of adultery and made the paramour of a married woman liable to punishment, has been struck down as unconstitutional by the Supreme Court. Hence, no case is made out against her paramour. The maximum

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

1. As per Section 7 of the Hindu Marriage Act, A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

- Where such rites and ceremonies include the saptpadi ,i.e. the taking of seven steps by the bridegroom and the bride jointly before the sacred fire, the marriage becomes complete and binding when the seventh step is taken.

Hence, in the absence of 7 pheras , your remarriage was not solemnized according to customary rites and ceremonies , so,your said marriage was not a valid marriage. 

2. A written undertaking can be challenged in future ,specially not getting the said custody from the Court. 

3. As per law, no child or wife can claim any share in your ancestral or self acquired property during your life time 

4. If she get registered marriage from the office of the marriage Registrar , then you can get the same from there, otherwise you cannot.

- Further if you get the proof of their marriage , then you can file a case under the Polygamy Act. 

Mohammed Shahzad
Advocate, Delhi
4147 Answers
43 Consultations

5.0 on 5.0

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