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A married guy used me and left me. When will the law allow him to marry?

A married guy used me and left me. When will the law allow him to marry?

26-Feb-2023

Court Marriage

Answer By Law4u team

If you have been involved in a relationship with a married man who has now left you, it is important to seek legal advice and support. Depending on the circumstances, you may be able to pursue civil or criminal legal action against him, such as filing a complaint of adultery or breach of promise to marry. However, it is recommended that you consult with a qualified lawyer who can advise you on the best course of action based on the specific facts and circumstances of your case.

Answer By Ayantika Mondal

Dear client, In the Indian legal context, the situation you describe raises several important legal and social considerations, particularly regarding marriage, adultery, and the rights of individuals involved in such relationships. If a married man has left someone after a relationship, the circumstances surrounding his ability to marry again depends on various factors, including his current marital status, legal proceedings, and individual choices. 1. Bigamy and Adultery: Under Indian law, a man who is already married cannot marry another woman during the lifetime of his first wife. Such an act is considered bigamy, punishable under Section 494 and Section 495 of the Indian Penal Code (IPC). Adultery itself, as defined under Section 497 of the IPC, was previously a crime, but the Supreme Court of India decriminalized it in 2018, meaning that while it may be morally wrong or socially frowned upon, it is not criminally punishable. 2. Legal Separation and Divorce: The man must initiate a formal legal process for divorce if he wishes to marry again. Under the Hindu Marriage Act, a married person can file for divorce on several grounds such as cruelty, desertion, and adultery, among others. Once the divorce is finalized, he is allowed to remarry legally. Timeline for Remarriage The timeline for when a married person can remarry after leaving a relationship is contingent on a few key factors: • Legal Separation: If the married man has filed for legal separation or a divorce, it will take time for the court to process and finalize the divorce. The duration of this process can vary significantly based on the complexity of the case, whether both parties agree on the divorce terms, and the court's availability. • Court Proceedings: In cases where the divorce is contested, the legal proceedings can take months or even years. If everything is amicable and uncontested, the divorce may be finalized sooner, possibly within six months to a year. • Finalization of Divorce: Only after the decree of divorce has been granted by the court can the man legally remarry. Until this point, any attempt to marry another individual would be considered illegal and could expose him to legal repercussions. It is essential to understand that the individual who was involved with the married man may have emotional and legal recourses available. While it may be painful and complex: • Emotional Support: Engaging in therapy or counseling can help recover from the emotional impact of being involved in a relationship with a married person. • Legal Recourse: If the relationship involved any kind of coercion or false promises, legal advice might offer insights into potential claims or actions against the married individual, although such claims can be complex and situational. we hope this clarifies your query. please feel free to reach out for further assistance. thank you.

Answer By Ayantika Mondal

Dear client, underage marriage legal in India No, underage marriage is not legal in India. The Prohibition of Child Marriage Act (PCMA), 2006 explicitly prohibits the solemnization of marriages where one or both parties are minors. Although the marriage itself is not automatically void, it can be declared void if certain conditions are met, such as forced marriage or trafficking. In specific situations, such as when the child is married without their consent or under duress, the court can declare the marriage null and void. The legal consequences of underage marriage The legal consequences of underage marriage under Indian law are severe and aim to deter the practice: • Punishment for those involved: Any adult who performs, conducts, or facilitates a child marriage can face imprisonment of up to two years and/or a fine of up to ₹1 lakh. • Void and voidable marriages: Under the PCMA, a child marriage can be declared voidable at the request of the minor within two years of reaching adulthood. In cases where the marriage involves trafficking, coercion, or abuse, the marriage is declared automatically void. • Protection of minors: The law allows the child to seek protection and maintenance from their spouse or guardians. Furthermore, courts can issue injunctions to prevent child marriages from taking place. The rights of children in underage marriages Children involved in underage marriages are entitled to special protections: • Right to annulment: Minors have the legal right to approach the court and annul their marriage upon reaching the age of majority (18 years for women, 21 years for men). • Right to maintenance: If a minor girl is married and later seeks annulment, she has the right to financial support from her husband until she becomes self-sufficient. • Custody and protection: The court prioritizes the welfare of the child, ensuring their custody is awarded to the parent or guardian who can provide a safe environment. The law also mandates rehabilitation for affected children. The role of government authorities The Indian government has empowered specific authorities to prevent and respond to child marriages: • Child Marriage Prohibition Officers (CMPOs): They have the authority to prevent child marriages, report violations, and ensure legal action against perpetrators. • Police intervention: Law enforcement agencies are required to intervene if a child marriage is reported and provide protection to the minor. • Awareness programs: Various governmental and non-governmental organizations run campaigns to educate communities and prevent child marriages. The social and personal consequences Beyond legal penalties, underage marriage has serious social and personal repercussions: • Health risks: Child brides are at increased risk of maternal mortality, malnutrition, and childbirth complications. • Educational disruption: Early marriage often forces children to discontinue education, limiting their future employment prospects. • Emotional impact: Young brides and grooms may face emotional distress and abuse due to immature relationships and lack of support systems. we hope this clarifies your query. please feel free to reach out for further assistance. thank you.