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If Zara is Indira then she is not married to Malik (Page 2)

Parm. IF-Rockerz
Parm.
Parm.

Joined: 13 December 2011
Posts: 5325

Posted: 12 November 2012 at 12:08pm | IP Logged
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?

The following 7 member(s) liked the above post:

jewel47kaya123Raleighbcatruhin1234sakshi1nutan7ShivuNozzie

sakshi1 Senior Member
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Joined: 12 February 2006
Posts: 648

Posted: 12 November 2012 at 12:13pm | IP Logged
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..LOL

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.


The following 6 member(s) liked the above post:

kaya123Raleighbcatruhin1234nutan7Parm.ShivuNozzie

sakshi1 Senior Member
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Joined: 12 February 2006
Posts: 648

Posted: 12 November 2012 at 12:16pm | IP Logged
Originally posted by Parm.

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?


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

The following 5 member(s) liked the above post:

kaya123Raleighbcatruhin1234Parm.ShivuNozzie

kaya123 Senior Member
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Joined: 13 February 2012
Posts: 833

Posted: 12 November 2012 at 12:28pm | IP Logged
Originally posted by Parm.

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?
As sakshi said, this is correct.

The following 5 member(s) liked the above post:

sakshi1ruhin1234nutan7Parm.ShivuNozzie

SilverBell IF-Stunnerz
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Posts: 40699

Posted: 12 November 2012 at 4:29pm | IP Logged
Great Post. (:

The following 1 member(s) liked the above post:

Parm.

ashish.sachi IF-Rockerz
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Joined: 22 January 2012
Posts: 5928

Posted: 12 November 2012 at 10:19pm | IP Logged
@Kaya : According to your Scenario 3 . Marriage can be annulled if death is certified.

Since they have shown funeral before entire CC.

So they must have taken Death Certificate from Registrar office ( as this is Essential , before cremating any dead body).


So Inshi's marriage is nullified , with Death Certificate issued ( no need of divorce in this case). 

And accordingly  RISHTA Marriage is standing & valid. ( Even if Indira returns back)
nutan7 IF-Dazzler
nutan7
nutan7

Joined: 11 February 2012
Posts: 2717

Posted: 13 November 2012 at 9:53am | IP Logged
Originally posted by ashish.sachi

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.
@bold required to be conformed . 7 years absconding period  is required to be declared dead 
 myself is civil engineer not lawyer but I have worked for welfare of women. and had organized workshop on laws for women .
 

kaya123 Senior Member
kaya123
kaya123

Joined: 13 February 2012
Posts: 833

Posted: 13 November 2012 at 10:33am | IP Logged
Originally posted by ashish.sachi

@Kaya : According to your Scenario 3 . Marriage can be annulled if death is certified.

Since they have shown funeral before entire CC.

So they must have taken Death Certificate from Registrar office ( as this is Essential , before cremating any dead body).


So Inshi's marriage is nullified , with Death Certificate issued ( no need of divorce in this case). 

And accordingly  RISHTA Marriage is standing & valid. ( Even if Indira returns back)
i am asking a divorce specialist lawyer . will come back to you.


Edited by kaya123 - 13 November 2012 at 10:41am

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