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PSo a brief background. My first wife passed away many years ago when two of our daughters very very young.
Few years ago I started dating another women and very early into the relationship she gets pregnant with our child. Initially as I had known her not for that long, so I refused to marry her. She anyway said that she wants to go ahead with this child and would like to bring this child up in a family. So we started living together.
At the time of delivery hospital staff, doctors repeatedly asked for the father of the child and with so much of explaining, and prioritising her mental health, and giving a child a legitimate name, I gave in to have some marriage registered.
She got hold of her three friends as witness and some priest from her temple to sign the forms and we registered the marriage with local municipality giving some arbitrary date as marriage date. No actually marriage under Hindu customs ever took place.
So say our daughter was born on 10th, our registration happened on 25th (after she was born), so as we don’t face any hassle in giving her legal status.
However it turned out that we were just not right for each other. Now few years down the line we have decided to live separately and given how things are this will mainly lead to a divorce.
For context, we both are working professionals and earn decent livings to provide for our kids and live a good life in a metro. I have more assets than her.
As long as it is mutual I am all for it, however if she suddenly starts asking for Alimony, by Hindu marriage act she can claim 1/3 of my assets. My lawyer has advised that this may get reduced as I am sole provider to my 2 daughters from my previous marriage, plus looking after my aging parents, so Alimony amount would get reduced substantially if I am able to show genuine liablities.
My question here is can alimony be nullified if I say we actually never got married under Hindu act, and registered marriage was only done to give me third daughter a legitimate name. Also if you see all witnesses and priest who signed the document were all from her side, which shows this was done under some duress that time.
I am ready to take 100% care of all my daughters.Please advice.
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UNot really, as far as I know under hindu marriage act you have to perform customs(saptapadi, kanyadan etc) for it to be concluded as a valid marriage. But, the problem is he lived with her for several years during which they were accepted by the society as a legally wedded couple. Sooo it just disposes the previous argument that the customers were not followed properly. He might have to give her a form of alimony as they are doing mutual divorce, but it will be decided on many other factors.
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NSince no Hindu rituals took place and assuming that you have not registered the marriage under special marriage act, you can get this marriage declared null and void through the Court. However, very recently the Supreme Court has held that alimony can be granted even if the marriage is declared as void.
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UHi! As far as I know he said he lived with her for a few years and was acknowledged to be married by the members of the society where he lived. Yes, not performing sacred rituals nullify the marriage but he was living with her for years and was acknowledged as her husband. So does it not nullify the previous argument that the marriage was not performed following all the necessary rituals. Second point, his wife is a working woman and can easily support herself, I might not know all about alimony but I think it should be a factor on reducing the amount to be given.
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MWork through your divorce. A registered marriage means you are married.
You can work out the terms of settlement or alimony. Either she waives alimony or opts for a one time settlement. At worst – you will have alimony to pay. Her earnings plus your responsibilities means the amount may be smaller. -
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UEven if your marriage turns out to be void (although it doesn’t seem so prima facie) you can still be held liable for some maintenance amount for your child with this woman as well as alimony. Best course of action would be to settle things out of court via mediation or a mutual consent divorce (which can only happen in case of valid marriages)
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CKya gendu generation hai. You married a women, you had a child with her and stayed together for a significant period of time and you are asking if you are married or not?
Just pay the alimony and get over it.
I am all for no alimony for people who get married to get some quick cash but this is a proper marriage and sizeable alimony is deserved.
Atleast not for the wife but for the child.
OP is a fucking idiot. Don’t be OP
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UExactly this…Take responsibility, you moron. You got married and that’s it. Don’t try to get out of it by using some stupid excuses.
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UFelt the same. He was with her and has a child but is now confused if they are married. Irony is he isn’t even concerned about the woman and the child but his money.
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UI agree for child support in this case, but according to op wife is working so why alimony, if op story is true then he really has to look after many people, alimony for same status wife don’t even make sense
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CSo just for a chance you are ok if your father kicked your mom out without alimony and no support when you were 5 Y.O. And lived a lavish life with his other kids?
This is the right thing to do and a moral responsibility.
Even if it wasn’t a law I would still pay a sizeable amount to my ex wife if needed.
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UThat’s the best you came up with? I really hope you are a child not a adult with this toxic view.
First of all I clearly said child support or you failed to read, second if my mom was working she has too much pride to take single Penny from others.
I will give you my cousin sister real life example instead of your so called what if, when she was divorced she took the house( she brought on loan on her own name) she was earning nearly double her husband , she didn’t put single fake case and didn’t ask for single rupee as alimony, she has problem with husband, she left her, she only warned husband to give half half school fees or whatever their two child buy things or she will put a case on him and make sure that their children name was on husband agriculture property right
It is called dignity which looks like very hard for you to understand.
We don’t know the whole story, How much op is correct but if wife is earning equally then op should give only child support, if op was abusive then yes he should pay damage.
Child right need to be protected
We really need to evolve and have to make divorce less Taboo, look at western country they have no fault divorce rule and they award alimony case by case basis hell even husband can be granted wife asset or compensation if wife is earning more
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CThe irony here.
Your cousin earns double than her husband and didn’t pay a single penny in alimony and kicked the husband out of the house.
That husband deserved alimony and half of that house. thank god he is free. But he still has a the threat of fake cases hanging because he married a toxic person.
You cousin didn’t do any favor by not filing any fake cases. That’s the right thing to do.
You and your family sound toxic and treat people without dignity and respect. Hopefully you never get married.
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HAs per Section 7 of the Hindu Marriage Act, marriage must be as per the customs of the bride or the groom, or 7 phere before scared fire. Registration is only for proof of marriage and not a mandatory requirement under Hindu Law. If you can prove that actual ceremony never happened then marriage can be declared void. That being said even if a girl was in live-in relation with you for long time, she can claim maintenance from you. In your case not only did she reside with you, you also have a legitimate child together and marriage certificate. So irrespective of the legal status of your marriage, you will be required to pay maintenance if she decides to claim it. But what she is entitled to is maintenance and not a share in your property.
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SYou registered your marriage. That’s sufficient grounds to hold that there is a valid marriage. You’ll have to get divorced legally and let the court decide the issue of alimony.
Suggest you start collecting proof of her income from now only. So that you can prove in court that she is working and self sufficient.
Even then you might have the issue of proving maintenance for your daughter with her. -
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PTechnically, as per Hindu Marriage Act, you ought to get married as per Hindu rites and rituals and then register the marriage with the Sub Registrar. Under this Act, there is a provision only to register the marriage. But the courts consider the facts and circumstances of the case in hand also when it comes to personal laws. You have a daughter together and you lived together that does establish that there was a relationship. It is better that you settle the matter through mutual consent divorce. Talk to her and settle the issues amicably. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification contact us [https://g.co/kgs/D9fgEbp](https://g.co/kgs/D9fgEbp)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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Uhow progressive! feminism won. don’t you know how oppressive it is for women to wait till marriage? /s
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RYour intention to lend legitimacy to your 3rd daughter and hence the registration of marriage is not a valid reason to nullify your marriage or wriggle yourself out from your responsibility towards your daughter and wife. Registration/completion of saptapadi to whole the marriage valid is immaterial in your situation. She is your wife and your 3rd daughter is your biological daughter. Best you can do is to go for a mutual divorce without complicating this matter further and settle this out of court with no claims against one another thereafter. You must make take into account the 3rd daughter has equal rights as the other 2 daughters. So please factor that in and approach a good lawyer and not a lawyer who tells you things that you want to hear! I am a Lawyer.
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UUnder Bhaurao Lokhande v State of Maharashtra, your marriage is not valid unless Saptapadi and religious customs were performed.
BUT, I think under Domestic Violence Act you will still be required to provide maintenance if you prayed yourself as a married couple.
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UWow, so many things to consider. The elder daughters’ bond with the youngest. The wife and the step daughters. Assuming they all lived together as a family. So much will be lost for everyone involved. OP should do the right time for all concerned, it’s not just some assets, pls also consider the emotional turmoil and long-term damage certain actions can result in for all the daughters.
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UNAL. Short answer- no.
Long answer- No because if you have a marriage certificate stating it’s a Hindu marriage……… you have a Hindu marriage, and the court is going to consider it as such. No point in trying to prove otherwise. Regardless, even if you want to go ahead and claim you “weren’t actually married”, your 3rd daughter and your second partner have a right to inheritance/ maintenance if the relationship qualifies as being one “like a marriage”. From what you’ve written, it’s going to fall into either/ or category.
Also, the witnesses and priest being from her side and you claiming you were “under duress” prove nothing other than the fact you’re probably a total deadbeat and left everything to this poor lady to sort out. I feel bad for all your kids. Wear a condom.
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