• About divorce

Good evening sir / madam,

let me tell you my problem ,,
my dad was married to a woman 34 years ago ,( who is menatlly chanlleged ) by the force of his mother , after 1 yr or 2 yr i dont know Exactly, he married another woman ( my mother ) , 

The woman ( who is MC ) is taken to her mother's home by  Gentlemen aggreement .before my dad marriage with my mother

This all 34 years she lived in her mother home only , ( they treated her as a servant , they do not feed her properly ) but now they are saying that take her to our home .(when she is unhealthy and unable to do work in their home and she is  ready to die soon ) .

but  we do not want to take her to our home .

note : no  paper proof of gentlemen aggrement .

sir please say a way to  solve this problem . 
hope you will respond soon
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Was the marriage with the mentally challenged woman registered? is there any divorce?

what was the gentlemen agreement all about? if there is no proof, who all witness to the word of mouth?

was there any contact between the woman and your father after she was sent back to her parents house?
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
if Mentally Challenged woman was legally married and there has not been divorce from court,she being the legally wedded wife is entitled for care,protection,treatment,maintenance  and has all the rights of a wife.How second marriage was done,you have not disclosed.Second marriage without divorce from first wife is void and not valid. What is that Gentleman Agreement? please explain all that to get proper answer.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. It appears that first marriage of your father is not dissolved by a decree of divorce or nullity.
2. If that is so then marriage with your mother is null and void and she has no egla status.
3. However you are eligible to inherit your father.
4. Now his first wife being the only legally wedded wife, she can enforce her right of maintenance and residence by taking appropriate legal recourse.
5, The gentlemen's agreement you are talking about has no force in the eye of law.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) your father second marriage during subsistence of earlier marriage is null and void 

2) the first wife is entitled to right to stay in her matrimonial home or alternative accommodation . in addition your father is bound to maintain her as she is legally wedded wife of your father 

3) gentlemen agreement has no force in eyes of law. 

4) . your father has gone scot free for 34 years . in her last years give the first wife her due
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Your father should maintain and take care of all her needs as she is legally entitled being wedded legal wife.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
What is a 'gentleman agreement'? Please explain it as I have heard about this for the first time. Who were the parties to the 'gentlemen agreement'?

This mentally challenged woman is the legally wedded wife of your father. He could not have remarried unless he obtained divorce from her. The subsequent marriage performed by him to your mother is illegal. Your mother does not qualify in law to be called the wife of your father.

Since the mentally challenged woman is the legally wedded wife of your father she has all the rights which accrue to a woman after her marriage under the Indian law. Her right to maintenance and accommodation cannot be challenged. Whereas she has the right to stay in the matrimonial house, your mother has no right against your father or in any property owned by him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
it has no legal validity.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
'Gentleman agreement' is a nullity in the eyes of law.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
The marriage is illegal notwithstanding that there is no proof thereof.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
your father and mother marriage is illegal . your father is bound to take car of his first wife
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
it is  a typographical error on MR Ashish Davesar post . by mistake illegal was used .
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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I have stated that the marriage of your mother is illegal. Your mother is not the legally wedded wife of your father.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Child marriage is illegal. That however does not validate the marriage of your mother to your father.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Child marriage is very much valid or legal even if the same is made with a mentally challenged woman.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Performing child marriage is illegal in the sense that those who perform it are liable to be punished under the law. The marriage itself does not become invalid. So there is no difference of opinion between me and Mr.Barman. 

To put it succinctly, the mentally challenged woman is the legally wedded wife of your father whereas the marriage of your mother is illegal. So your mother has no rights.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
we have answered your query at length . posting further queries is not going to change our answer that marriage of your father to first wife is legal . second  marriage of your father during subsistence of earlier marriage is illegal . 

query is resolved
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0

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