• Second marriage date is before the divorce of first marriage

First Marriage date: 24 feb 2012.
Divorce Degree date: 8 Aug 2013.
Second marriage date: 4July 2013.
(Reason is judge was not available. some days on leave after that on summer vacation and than went to another posting.
Actually we applied mutually consent in the family court in March 2013 and judge gave next hearing date Aug 2013. After date we applied a write petition for early judgment in High court and High court accepted that petition in May 2013 & ordered that they can take divorce immediately so no need to wait for Aug 2013. But in family court judge went to leave and our degree is completed on Aug 2013.)
Note: 
1.  We take one time settlement amount 2.5 Lakh (that is we gave in cash to him at time of marriage) on paper.
2. Before this process we take divorce on100 Rs. stamp 24 dec 2012 & noterized it.
3. Sister’s mental status is poor.
Due to these above points, following problems are arise-
1.	Family of second marriage party taking advantage of this & not keeping her with them.(one more reason is that my sister has one  baby girl borne recently 21.11.2015) 
2.	They always demand sister’s shares in our property.
So I want suggestions on both the point I.e. 
1. What type of legal action we should take against them to change their behavior towards my sister & how to ready them to take my sister their home.We want to pressurized them with the help of domestic violence, maintains case and dowry case. Can we apply?
2. Since property of my father have self acquired property & some got from Grandfather via will. Grandfather got property from his father. Great Grandfather (Father of Grandfather) purchased that property himself. How to save our property? 
3. as My sister mental status is not much sound and father knows that she is not able to take care of her share, so can my father give all the property to me via will?
Asked 8 months ago in Family Law from Gwalior, Madhya Pradesh
Religion: Hindu
1) second marriage during subsistence of earlier marriage is illegal 

2)divorce on stamp paper has no value 

3) your sister can file DV case against husband and in laws . seek maintenance for herself and daughter , right to stay in matrimonial home or alternative accommodation . 

4) sister does not have share in self acquired property of father during his lifetime 

4) further she would have no  share in inherited property by will 

6) father can bequeath property to you by will 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
 1.First of all please note that the marriage of your sister is null and void and it has no legal force in the eyes of law.
2.Even though the marriage is null and void but your sister can apply for maintenance case or  can file domestic violence as well as dowry case.Since no decree of the court is granted as yet.Do remember these legal action only zeopardise the marriage hence it is advisible to settle the dispute amicably.
3.Since all the property is belonging to your father and self acquired in nature ha can transfer the same any one he chooses depriving your sister.
4.Yes your father can give all the share to you through will.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. The second marriage is illegal as it was done before the divorce decree.
2. Your sister may file a criminal complaint for dowry harassment against her husband and in-laws. She can also seek the right to residence and protection under domestic violence act to reside in her matrimonial home without suffering any further domestic violence. 
3. Your property is absolutely safe unless your father alienates it to them. He is free to will it in your favour. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) wife has right to claim right to stay under Dv act 

2)wife has  to move court for declaration that marriage is null and void as performed during subsistence of earlier marriage


3) well she has stayed with you for 3years hence can claim right to stay in house as it relationship akin to marriage 

4) jjwellery given to wife would be her streedhan 

5) will can be challenged on father demise by sister . father can execute gift deed in your favour 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. What type of legal action we should take against them to change their behavior towards my sister & how to ready them to take my sister their home.We want to pressurized them with the help of domestic violence, maintains case and dowry case. Can we apply?

The cases proposed to be lashed out against them will further deepen the crisis instead of looking for relief or solace.
Factually speaking the second marriage is null and void because it took place during the subsistence of the previous marriage.
The notarised divorce deed is not valid.
You can file a RCR  but if he contests that the marriage itself is null and void, then the RCR will not succeed.
The child in all the probabilities is entitled to the maintenance.






2. Since property of my father have self acquired property & some got from Grandfather via will. Grandfather got property from his father. Great Grandfather (Father of Grandfather) purchased that property himself. How to save our property? 

He cannot ask for share in the property, he is not entitled and also until there is no partition and allotment of her share in it, there can be no claim at all. 






3. as My sister mental status is not much sound and father knows that she is not able to take care of her share, so can my father give all the property to me via will?

She has a right to a share in the ancestral property hence your father cannot give away her share of property to you for any reason.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1. is right to residence in her matrimonial home case will be applied in domestic violence or separately? 

She can apply for it through civil law as well as through DV case too. 




2. which case have the result is illegal marriage? domestic violence or maintenance or they apply for separately?

For illegal marriage, maintenance through any case shall not be eligible.




3. if they applied for 420 case against us & they prove it that marriage is illegal?
    than what type of actions will be court take against us except null and void the marriage? how she has right to residence in their house after illegal marriage? or what are the rights she will remain after illegal of marriage?

There is no question of 420 in it. The marriage can be declared as null and void but there is no reason for cheating or offences related to cheating.




4. is there any provision to take back money (in form of FD and cash),  jewellery we gave  at the time of marriage.(which is written on the stamp  paper).

It will depend upon the mutual agreement between the parties or the elders.



5. is will 100% save? after my father, if  sister challenge that will then what will happens?

If she challenges the same in future, you may have to give her share in the movable property that belonged to your father who died intestate. 



T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
second marriage is void. 

divorce on stamp paper is invalid in HMA unless it is recognised by the prevailing customs of parties.

if you can show that extra judicial divorce (notorised divorce with consent of parties) has been prevailing in your community thus divorce is valid and also second marriage is valid. on this ground you can file RCR for restitution of her marriage. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
they can file case under section 494/495 IPC but prevailing of customs will protect you. 

if you can prove that her second marriage is valid then she can take accommodation order under D V Act. Court can pass order for her accommodation in her matrimonial home. 

Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. She may claim residence in dv proceedings.
2. A declaration of nullity has to be sought to have the marriage declared as illegal.
3. You can contest 420 on merits if it is filed. If you are held guilty by the court then sentence of imprisonment up to 2 years may be awarded.
4. A case for recovery of stridhan has to be filed to recover it.
5. A will can be successfully challenged only if there is insurmountable evidence to prove that it was made under coercion, fraud or undue influence.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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