• Second marriage legal opinion

Hello All

I am Male & had a bad first marriage where I had to suffer FIR, cases etc. from Wife & her family though we didn't take any dowry from her family etc.etc.

Now in second marriage again we won't be taking dowry etc. and its going to be a simple arrange marriage in Temple (Hindu Marriage).

Now with all past experiences with me, I am scared to not have anything in writing because ultimately in case of any problems afterwards, law favors only wives.

My questions are as follows:
1. What can I do to make sure that the way we are doing marriage (Without Dowry etc.) is captured in writing.
2. How to make sure that she can never claim anything of my father, mother property or their assets.
3. How to make sure that she doesn't have any claim on my own properties/bank balance also that is earned before marriage.

Kindly advise.

Thanks
AG
Asked 5 years ago in Family Law
Religion: Hindu

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6 Answers

Obtain in writing from girl and her parents that no dowry was demanded and given before marriage or at time of marriage 

 

2)wife has no share in property standing in name of your parents 

 

 

3) wife has no share in your bank balances or property 

 

4) she can only claim right to stay in her matrimonial home and maintenance from you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear sir, 

 you can have a contract signed by both of you, where every details will be noted and duly agreed upon.

 

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

An agreement must be made and registered before the registrar. This should be done by you at the time of marriage. An agreement should set out in detail the terms of marriage any transactions and all expenses.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Since, you have already bad experience from the first marriage , then for your safety , you can enter into MOU or enter into a marriage agreement after narrating all the details , regarding dowry , gift etc.

2. As per law, a wife not having any right to claim over the property of her in-laws and even your during the life time of her husband. 

3. Yes, she is not having any right over your property during your life time , but she having right to residence from your legally , and further can claim maintenance . 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. You can enter into an agreement in writing before solemnisation of marriage that no dowry amount was demanded/taken by your side from their side.

You can also mention that no other articles too were demanded from their side.

This agreement can be witnessed by two persons, one from your side and another from their side, the agreement drawn along with any other conditions as per prevailing circumstances, may be prepared in duplicate, with each side retaining  one copy.

This may come to your rescue in case of the future issues you apprehend now.

2. Whether or not she cannot claim any property standing on your name of your parents' name, there is no provision in  law for that.

3. The answer to this question is also answered as above. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1.You cna always get written acknowledgement like inj the form of e-mail that no money or expensive gift was demanded or accepted by you. 

2.She has no right of share in the property of her father in alw. therefore you have not much worry. She can though have right of residence in the property owned by your father.

3.  Wife has no share in the property of husband but again she has right of residence in your property.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

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