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24-Jan-2023 (In Family Law)
My cousin brother was married 19 years back, however the marriage is still not registered. He also has a daughter however the incident has happened without the consent of my sister-in-law under unavoidable circ*mstances. We both (myself and my sister-in-law) have been very close to each other ever since our young age and have been in love with each other for the past 10 years now. I plan to marry her legally and avoid all sorts of legal issues. I can handle the other issues that will arise from the family members, however I want to ensure that there are no legal hassles. Please share some advice on this.
Assuming you and your cousin's wife are Hindus, marrying a cousin's wife does not come within the ambit of sapinda relationship or prohibited degrees of relationship as per the Hindu Marriage Act, 1955. Having said that you can marry her provided she divorces her current husband.
However, it is important for you to know that marrying a person who is already married is recognised as an offence of Bigamy under Section 494 of the Indian Penal Code, 1860. The offence of bigamy under the Indian Penal Code (IPC) is committed when a person marries someone while still being legally married to another living person. Your cousin's wife could be prosecuted for bigamy and you for abetment to that offence under the repsective provisions under IPC if she does not divorce your cousin before marrying you.
Registration of marriage is a mere formality under Section 8 of the Hindu Marriage Act and mere non-registration of such marriage does not render it invalid in any way.
Given the marriage between your cousin and his wife is legally valid, subsequent second marriage on part of the woman with you will send both her and you behind bars.
It is advised that she divorces her first husband before proceeding to marry you.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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If you and your sister-in-law do not come under any prohibited relationship you can marry her after getting divorce from her husband. Even though her first marriage is not registered there must have been a customary marriage between your sister in law and her husband which holds good in the eyes of Law. So you can not marry her unless until she get legal divorce from her husband.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ AnswersChatCONTACT NOW
She has to obtain divorce through legal formalities in the respective court. Then you both can marry each other will be the legal way and the same will be safe for rest of the life where no hassle. .
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Adv. B. Sivasubramanian
Chennai | 200+ Answers
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HELLO,
Question of marriage not registered is not is not at all a issue, because marriage is already existing. When First marriage is in existence, subsequent marriage will be considered null and void. However you have the affair a decade old and in pursuance you hasve decided to marry her. Well need no worry I HAVE GOT THE WAY OUT FOR THE SUCCESSFUL MARRIAGE AS YOU DESIRE.This cannot be put in single line. contact me for the best way.
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Adv. R. Sundaramurthi
Chennai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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