Legal Question in Admiralty Law in India

my daughter was masrried 6 months back in a marrage but we are taken her the next day,there is no register marrage and also no evidence persons are there but marrage photos and video casate is there my daughter is a majaor at that we are planning to make another marraiage to my daughter by the intrest..thir marrage is valid to the court or not my daughter having no intrest upon his lover now..but that boy was intrested but cast is differ .is ther any legal problems in future..?now we are planning to do marriage to my daughter.plz provide an legal information to me

Asked on 11/05/11, 8:49 am

1 Answer from Attorneys

Marriage whether registered or not has taken place according to your own admission. The marriage can be proved by the person who married her through witnesses, photos and video. Registration of Hindu Marriage is not compulsory as of now. If you marry your daughter, she can be prosecuted for Bigamy (Sec. 494 IPC) and also Sec 495 IPC - especially when the fact of her earlier temple marriage is hidden from the second person with whom she may be married

Exception.-This Sec. 494 does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction. So unless you can adjust to her love marriage and accept the person whom she married in the temple - which I would advise on humanitarian grounds - your daughter can file a petition for voiding the marriage in the competent family court after which she can freely marry anyone she wants.

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Answered on 11/12/11, 9:11 am

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