Legal Question in Family Law in India

Re: family/relationship

Detail is incomplete as you have not stated the religion but however under and according to the Hindu Marriage Act your brother cannot re-marry without obtainning divorce from competent courts of law provided there is long recognised system/custom in your religion.

Re: family/relationship

The only option available is to seek dissolution of first marriage; it is better the wife is persuaded to give her consent for divorce in the mutual interest of both of them. she should also be offered a handsome amount of compensation which should enable her to consider living remaining life on her terms.

Re: family/relationship

I am in agreement with the two (2) opinions given above. If your brother is a Hindu, he cannot get remarried without obtaining divorce from his wedded wife. It is better that let him offer a handsome amount to his wife, and obtain divorce by mutual consent. Else, there will be a long drawn legal battle, which will lead nowhere. This is a miserable situation, since the heart is elsewhere and the commitment is in the house.

Respectable divorce and exit is the only solution.

Re: family/relationship

Ask your brother to refrain from getting married to second girl otherwise he shall invite criminal prosecution for committing bigamy/Adultery.Your brother has already committed a wrong/mistake.

Re: family/relationship

can not marry another girl before divorce with earlier one

i would suggest to accept the earlier one if there is nothing really bad in her.

give importance to good partner not the outer beauty.

Re: family/relationship

Hi,

Hereinbelow I analyze your case based on the limited facts provided. I would request you to provide the detaied facts.

As you have stated that your brother got married in 2006, so its not even one year of marriage.

As far as Registration of marriage is concerned, non-registration nowhere changes the legality of the marriage.

Now as your brother is legally married, the fault finding will lead him or his wife to nowhere as prima facie case is against your brother.

In my opinion the best course is amicable settlement involving the families and the spouse. Prior to this, your brother needs to decide as he appears to be confused. If you want he can be counselled and suggested the best course of action.

For marrying the other girl, your brother must try to get divorce through mutual consent.

Should you require any information/ clarification, feel free to contact me.

Re: family/relationship

you have not mentioned your religion. But if you are a hindu then your brother cannot get married without obtaining a divorce from the first wife. It is better if he is able to convince his wife for a mutual consent divorce as it will be faster. He can offer her alimony so that she can support herself during her life time.