LEGAL HELP LINE

Whoever wishes to go for a "Registered Marriage" irrespective of the religion of the parties concerned, or in case the couple intending to marry are from different religions and do not wish to convert themselves into the religion of the other spouse and wishes to retain one's religion even after the marriage has to go through the prescribed procedure for the marriage under the Special Marriage Act, 1954.

Under the Special marriage Act the ceremony of the marriage is performed by signing in the register kept with the local Registrar of marriages, by both the parties and their witnesses. Normally the local document registrar known as The Sub-Registrar of Assurances is also the Registrar of Marriages, and his office is located at the Taluka (Tehsil) place.

Prior to the date fixed for the marriage, you have to fill in a form in that office, and submit alongwith other necessary requisites of the office [which primarily varies from office to office - but may include, age proof of each of the parties, their photographs etc.] alongwith the necessary fees and charges, primarily giving a minimum 30 days notice of the intended marriage in the given office. After the gap of minimum 30 days from the date of filling in the form of the Notice, you can either approach the office of the Marriage Registrar for signing on the register or ask him to come to the place of the marriage fixed by you (for which a prior appointment and payments shall be necessary). The Parties to the marriage and their witnesses sign on the register whereafter the Registrar of Marriages proclaims the couple as married to each other. Generally a certified copy of the extract of the register may be collected (naturally upon payment towards the same) after a few days from that office. This certified copy is generally also termed by many persons as the "Marriage Certificate".

Note : The notice of the intended marriage is normally hung in a conspicuous place for public viewing in the office of the Marriage Registrar and remains hanging for at least 30 days. Thus one can not marry under these procedures earlier than 30 days from the date of deciding to get married.

PROPERTY RIGHTS FOR ILLEGAL SECOND WIFE AND ILLEGITIMATE CHILDREN

After the passing of the Hindu Marriage Act 1955 a prohibition was imposed on the Hindus to enter into second marriage during the life time of the spouse. The personal law of Hindus to that extent ceases to have effect. The Act had over riding effect and the Personal Law of Hindus in so far as the marriage are concerned stood amended in terms of the Act. Therefore second marriage of a Hindu during the life time of the spouse is prohibited and such a marriage was declared as void.

A son born to the said void marriage was deprived of a right under the Traditional Hindu Law because the provisions of the Act, excluded the application of personal law in this regard and under the Hindu Succession Act, 1956, for short hereinafter referred to as "Succession Act", because he was not a legitimate son.

In respect of such property, accordance with the provisions of Sections 8 and 15 of the Succession Act, the illegitimate children could only inherit property of the father. The property of the father's parents or first wife cannot be claimed in any condition. The second wife cannot claim his property but only can claim maintenance. Her children will not be able to file a suit for the property until the husband dies.The illegitimate son is not a coparcener. He has no right in coparcenary property. However, he has a right in the share of the father in coparcenary property. That right he can exercise only on his father dying intestate. He has no right by birth in the separate or self acquired property of his parents. His right accrues only after his parents die intestate. Therefore, a son born of void or voidable marriage(illegitimate son) can never maintain a suit against his/her parent in respect of the property of his or her parent during their life time.

so in this case

1. gauri can only claim maintenace from jagat and she will not get a pnny from haveli

2. Her children, if any would only inherit jagat's property and they have right on any other's property.

3. jagat has no right on the property as it is not ancestral. The sole rights belong to dadisa, after her death bhairon and basant. If dadisa fails to right a will then jagat can ask for his share as it comes under ancestral property but with the clause that the property only dadisa earned not combined with basant and bhairon

Originally posted by: SRKLuvr

Why would Gauri go to jail😕