amrit asked 4 years ago
I was 17 year old when this was happen with me and she was already pregnent of my brother and my family force me for marry with her because she was the wife of my cousin brother after his death my family was force me for marriage with her and he says always he is my child becuase at the time of marriage she was i think 2 month pregnent i did’nt know about this she was pregnent and i remember my marriage happened in feb of 2011 and her child born in august first week and between us never any type of physical relation happen and we have no any kind of proof of my marriage and this is a decision of a panchayat of my village panch and i didn’t live with her but my family force me so then i live with my aunt and she lives at my home 2 year 2011 to 2013 and between this year she was again pregnent but he didn’t conceive and he was not my child but my family think again he will be mine but how can i prove this because she was in affair with other person. now after 2013 she live with her parents and specially my family do not support me becuase my family dont think about me and my future so can you please give me suggestion because i want to marry with a girl and she wants firstly i should seperate with my bhabhi (wife) then i can marriage with my girl friend. now i am 27 years old so can u suggest me what should i do and how much time take for any kind of speration like annulment process and divorce. according to the law this relationship is in prohibited relationship so give me advice?
Nyaaya answered 4 years ago
In this case, your relationship is not a prohibited relationship. The following are the kinds of prohibited marriages:
- If one spouse is a lineal ascendant of the other. A lineal ascendant includes a father, mother, grandfather and grandmother, but also great grandfather and great grandmother and so on.
- If one spouse is the wife or husband of a lineal ascendant or descendant of the other. A lineal descendant will include not only children and grandchildren but also great grandchildren and their children as well.
- If the two spouses are brother and sister, uncle and niece, aunt and nephew, or first cousins.
- If one spouse is the
- Ex spouse or widow(er) of your sibling or
- Ex spouse or widow(er) of your father’s or mother’s sibling or
- Ex spouse or widow(er) of your grandfather’s or grandmother’s sibling.
In some cases, despite a relationship being prohibited by law, a person’s custom might still permit a marriage with another person. In this case, they can get married because their custom allows them to do so.
Since you are not in a prohibited relationship, your marriage is a valid marriage.
If both you and your spouse want to end the marriage, you can apply for divorce by mutual consent. Both of you can jointly submit a petition for divorce to the district court based on the fact that you have been living separately for one year or more, that you have not been able to live together and jointly agree that the marriage should end.
Otherwise, you can petition the court for divorce based on the fact that your spouse has had voluntary sexual intercourse with another person after your marriage.
You can present the divorce petition to the District Court having jurisdiction in the area where:
- The marriage was solemnized
- Your spouse lives at the time presenting the petition
- You and your spouse last lived together; or
- You live at the time of presenting the petition (this generally only applies to the wife, but the husband can use this option in some situations).
Under the Hindu marriage law, the court will try to address every petition as speedily as possible and to conclude the trial within six months from when notice of the petition is given to the respondent.
If the court ends the marriage by a divorce order, and there is no question of appeal, or the time for appealing (ninety days) has expired, or the appeal is dismissed, then it is legal for you to marry again.
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