The Hindu Marriage Act, 1955

So, since our darling Pallu has been so busy in reading this Act, and I personally also like reading such things, I thought of downloading a copy. Maybe it serves me some purpose when I finally get married, rather IF I get married.

Jumping right into the boiling water that is currently threating to drown Raghav and Pallavi - The validity of their marriage post Mandar's return.

This is what the Act has to say on circumstances that lead to annulment of a marriage:-

3[(a) that the marriage has not been consummated owing to the imporence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or - This are all the conditions for a Hindu Marriage, read at your leisure 😆BUT the most important one is the below:-

(i) neither party has a spouse living at the time of the marriage

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 4[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force 5[or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

On the above, grounds, their marriage can be easily annulled. BUT, let's see what the definition of living is, in context of missing persons.

There is punishment for bigamy, 2 years, if found guilty. Chances of this is very low because she cannot be guilty of bigamy if she has full knowledge and reason to believe that her first husband is indeed dead.

Grounds of Divorce

There are many, read at your own leisure but here is what the Act says on the definition of living/dead:-

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 4***

So there it is - Seven years is the time limit of someone being declared dead, but then Mandar already has a death certificate, he's not missing in the books of law. So, what happens in this case? Pallavi was declared a Widow.

Here comes in our Widow Remarriage Act 1856.

1. No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be illegitimate, by reason of the woman having been previously married or betrothed to another person who was dead at the time of such marriage, any custom and any interpretation of Hindu law to the contrary notwithstanding.

So does this mean that the entire situation depends on:-

1. The validity of the death certificate of Mandar - IT MUST BE FAKE, Thanks to Raghav 😆 (I think....Not sure but he's not the most angelic person out there)

and

2. Mandar himself, because if he was alive all this time and SANE and decides not to turn up, then he becomes a deserter. A deserter is described as,

6[Explanation.—In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

In this case, the petitioner can file for divorce (has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or])

But it's not a reason for annulment, rather this is grounds of divorce and it can be granted.

In conclusion, the first marriage remains valid if Mandar returns, bas itna hi bolna tha 😆But, they have so many options to fight it out in court. Raghav is rich, let him get a good lawyer. Warna tata bye bye kardo biwi ko 😆Pallavi better be reading all these stuff about the act so that when Mandar returns, she can advice the lawyer coz ITV mein bahu sabse zyada shatir hoti hai 😛

I am no lawyer so excuse my incoherent arrangement of these Acts 😆 I'm reading this WAY past midnight coz I need to read something boring to get sleepy, so now I'm sleepy, bye . I have no idea why I am even making this post 🤣But I've learnt so much about the Hindu Marriage Act, my future husband better know what he's getting into 😆

Lawyers of this forum, TOOT PADO 😛

Tagging one person who wanted to call up her lawyer friend. Please do so now 🤣 Main chali sone.

Thanks for this post!

I think it works out better if Raghav and Pallavi have to fight to be together. She can always file for divorce from Mandaar and then remarry Raghav.

Or, these two should just not consummate their marriage so when mandar comes back, she can prove that even the first one was not consummated, so instead of filing for divorce, it can be annulled (the first one). Goes without saying that the second one will also be dissolved but annulment is better than divorce 😆

See, I shouldn’t be typing while half asleep, all gibberish 😆

M

Originally posted by: inlieu

Thanks for this post!

I think it works out better if Raghav and Pallavi have to fight to be together. She can always file for divorce from Mandaar and then remarry Raghav.

Originally posted by: Viewpoint

Tagging one person who wanted to call up her lawyer friend. Please do so now 🤣 Main chali sone.

Didn't we discuss how that would out me and my content consumption habits almost immediately? 🤣

Most of it went above my head--thanks your your little snippets in between I was unable to understand

I dont know why Pallavi gotta stuck between Mandaar and Raghav--agar meri maano toh then declare her marriage with Raghav null and void and divorce from Mandaar. then she packs her bags goes to Kolhapur or maybe Goa or some hill station and chill out there worrying about nothing.

No need to be bounded to anyone😆

Omg…i was so wanting somebody to make the post on this topic….thanks a lot dear!!! But to read this i need my mind to be fresh….to understand it with depth!!🤗👏

I would simply say ye dil ka maamla hai, ismein kanoon kuchh nahin kar sakta...

They will bring law to create drama, but eventually it will be emotions which will decide the validity/invalidity of these two marriages...

After all it's a drama, but I hope this post reaches CVs..

This was an interesting read. Have been thinking how does this situation actually work by law. So if Mandar comes back alive, Pallavi is still his legal wife. That’s a tight spot for anyone to be in. Let’s see how CVs are going to sort this out.

Originally posted by: Viewpoint

Or, these two should just not consummate their marriage so when mandar comes back, she can prove that even the first one was not consummated, so instead of filing for divorce, it can be annulled (the first one). Goes without saying that the second one will also be dissolved but annulment is better than divorce 😆

See, I shouldn’t be typing while half asleep, all gibberish 😆

M

Damn! You're good. Itni mehnat👏

Kaafi discuss karsakte hain isspar!