If Zara is Indira then she is not married to Malik

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Parm

@Parm.

IF-Rockerz

Posted: 11 years ago

If Zara is in fact Indira then would that not mean that she is NOT married to Malik Khan and is in fact still married to Rishi? This of course is IF she is really Indira and not Zara. Then the only person married is Rishi and I'm a little ignorant in Indian laws being from here in Canada but would that not make Indira still married to Rishi? Would that then make Rishi and Shweta's marriage illegal or is there a time frame for when a marriage can be dissolved (ie couple have not been living together for x amount of years)?

Even if there marriage is legal because of time frame could it not be annulled because they have never been truly married (no consummation)? Also, even if the marriage is legal due to time frame could it not be annulled also on the fact that Indira has lost her memory and Rishi was under the belief that his wife was dead?

Just throwing some thoughts out there as. Sorry if this issue has been raised already (if Zara is Indira then Malik and her not being married bit) as I could not find a topic opened when I did a search.

Edited by Parm. - 11 years ago

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PD_forums

@PD_forums

IF-Sizzlerz

+ 7

Posted: 11 years ago

according to Indian law if a man and woman are absent in each others life for 7 years then the marriage is nullified... more over if first wife gives her acceptance then man's second marriage is acceptable..

in either case Indira and Rishi marriage is nullified... Shweta is legal wife of Rishi in this scenario

about Zara and mallik... if Zara is Indira then mallik and Zara marriage is not valid

conclusion is if Indira is Zara, then Indira is ex-wife of Rishi and presently single where Rishi is married to Shweta

Edited by preethimadhavg - 11 years ago

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sakshi1

@sakshi1

Senior Member

Posted: 11 years ago

Originally posted by: preethimadhavg
according to Indian law if a man and woman are absent in each others life for 7 years then the marriage is nullified... more over if first wife gives her acceptance then man's second marriage is acceptable..

in either case Indira and Rishi marriage is nullified... Shweta is legal wife of Rishi in this scenario

about Zara and mallik... if Zara is Indira then mallik and Zara marriage is not valid

conclusion is if Indira is Zara, then Indira is ex-wife of Rishi and presently single where Rishi is married to Shweta

Please provide the proof, that if the man and woman are absent in each other life for 7 years, Is it nullified? One again please provide the proof not just oral talk...

more over if first wife gives her acceptance then man's second marriage is acceptable..:

It will not be acceptable even if wife accepted for second marriage, Husband have right to tell,My wife forced, threatened or duress me to accept this marriage. With these facts the second marriage will be void. These things are done by Indira to force Rishi to marriage.

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PD_forums

@PD_forums

IF-Sizzlerz

+ 7

Posted: 11 years ago

Originally posted by: sakshi1

Please provide the proof, that if the man and woman are absent in each other life for 7 years, Is it nullified? One again please provide the proof not just oral talk...

more over if first wife gives her acceptance then man's second marriage is acceptable..:

It will not be acceptable even if wife accepted for second marriage, Husband have right to tell,My wife forced, threatened or duress me to accept this marriage. With these facts the second marriage will be void. These things are done by Indira to force Rishi to marriage.

more over if first wife gives her acceptance then man's second marriage is acceptable..:

about this kamal hassan is the live example

and about "Please provide the proof, that if the man and woman are absent in each other life for 7 years, Is it nullified? "

if you read few thread back this point is posted by a lawyer(by profession) with section number otherwise i donot know about this point... this is not googled knowledge 😳

"It will not be acceptable even if wife accepted for second marriage, Husband have right to tell,My wife forced, threatened or duress me to accept this marriage. With these facts the second marriage will be void. These things are done by Indira to force Rishi to marriage."

this Rishi should have done 8 years back not after marrying to shweta for 8 years 😆

Edited by preethimadhavg - 11 years ago

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nutan7

@nutan7

IF-Dazzler

Posted: 11 years ago

If husband and wife could not meet each other for 7 year the each can file the divorce in court and prove the fact then court sanction the divorce. but the marriage is not automatically cancel . I f both r willing they can continue their marriage life. no need of remarriage. so when Zara is prove as Indira .as both r wiling they will be treated as husband and wife.

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ashish.sachi

@ashish.sachi

IF-Rockerz

Posted: 11 years ago

Originally posted by: nutan7
If husband and wife could not meet each other for 7 year the each can file the divorce in court and prove the fact then court sanction the divorce. but the marriage is not automatically cancel . I f both r willing they can continue their marriage life. no need of remarriage. so when Zara is prove as Indira .as both r wiling they will be treated as husband and wife.

If Husband & wife are separated from each other for 7 years or more. And if either of them remarries during this period , believing other partner to be dead , then according to Indian Law "Second Marriage is only valid , and first is automatically nullified.

This applies also , even if separated member returns , and original husband & wife wants to reunite.

The only way for them is to have divorce from Second Marriage ( which off course requires mutual consent).

So in present case , unless & untill Shweta willingly gives divorce to Rishi , there is no way legally Rishi and Zara/Indira can be together.

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kaya123

@kaya123

Senior Member

Posted: 11 years ago

just wanted to add this as there seems to be a genuine debate on this ...got it confirmed from a practising lawyer friend in Delhi:

According to law,

if husband or wife goes missing for more than 7 yrs then either party can file for divorce as the missing person is presumed dead.

There is no concept of automatic annullment of marriage here. The husband/wife will still have to file for a divorce otherwise the first marriage stands legal.

Scenario 2- If a presumed dead person comes back , then also the first marriage is legal until and unless divorce is filed by either parties.

Scenario 3- if either party marries while the spouse is missing/presumed dead, then also the first marriage is valid until there is a divorce or the death is certified.

Scenario 4- If a terminally ill patient gets his/her spouse married to another person while patient is still alive, then the second marriage is not legal, as for second marriage to be considered legal, at the time of second marriage, the first husband/wife should be dead

so the only way the second marriage becomes legal is when divorce is filed and got with the earlier spouse...

Hope these inputs help in a fruitful debate, if anyone is interested to think about this.

Edited by kaya123 - 11 years ago

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Parm

@Parm.

IF-Rockerz

Posted: 11 years ago

Originally posted by: kaya123
just wanted to add this as there seems to be a genuine debate on this ...got it confirmed from a practising lawyer friend in Delhi:

According to law,

if husband or wife goes missing for more than 7 yrs then either party can file for divorce as the missing person is presumed dead.

There is no concept of automatic annullment of marriage here. The husband/wife will still have to file for a divorce otherwise the first marriage stands legal.

Scenario 2- If a presumed dead person comes back , then also the first marriage is legal until and unless divorce is filed by either parties.

Scenario 3- if either party marries while the spouse is missing/presumed dead, then also the first marriage is valid until there is a divorce or the death is certified.

Scenario 4- If a terminally ill patient gets his/her spouse married to another person while patient is still alive, then the second marriage is not legal, as for secong marriage to be considered legal, at the time of death the first husband/wife should be dead

so the only way the second marriage becomes legal is when divorce is filed and got with the earlier spouse...

Hope these inputs help in a fruitful debate, if anyone is interested to think about this.

Thanks Kaya for clearing this up.

So as it stands IF Zara is Indira (which I believe she is) then she is NOT married to Malik and her marriage to Rishi is still valid/legal thereby making Shweta and Rishi's marriage invalid/illegal. Is this correct?

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sakshi1

@sakshi1

Senior Member

Posted: 11 years ago

kaya123, thanks a lot. You are 100% right. No concept of automatic Annulement. Indeed today after talking to my judge uncle,I wanted to write, but due to Diwali preparations, I could not reply Preethi's post.

That's why I questioned Preethi's post on the other day, please provide me proof. But she said some body wrote in previous mail that section and code blah, blah..😆.

I want to tell, my maternal uncle is Judge. I asked him about the process of Annulment or abandonment according to Indian law.

He too said, either one of them must file divorce, saying that her husband or wife went missing .. They can file i think after 1 or 2 years of missing. Then court will accept their case and divorce them.

Otherwise, marriage is still legal as either one of spouse is still anticipating for their return of their respective spouses.

Until the divorce from first marriage, second marriage is not liable.

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sakshi1

@sakshi1

Senior Member

Posted: 11 years ago

Originally posted by: Parm.

Thanks Kaya for clearing this up.

So as it stands IF Zara is Indira (which I believe she is) then she is NOT married to Malik and her marriage to Rishi is still valid/legal thereby making Shweta and Rishi's marriage invalid/illegal. Is this correct?

Yes Parm. Still Indira and Rishi marriage is valid. Swetha's and Rishi marriage is invalid as this is second marriage.

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