Second Marriage Without losing Virginity - Legal Aspects.

I didn’t lose my virginity until I was 32’ – a bold statement made by Sophie Atherton to ‘The Guardian”. Sophie Atherton is a freelance journalist who specializes in writing about women’s issues, feminism and beer. Virginity is defined by the Oxford dictionary as the state of never having had sexual intercourse. In entomology it is defined as a female insect that produces eggs without being fertilized. But it also refers to a person who is naive, innocent, or inexperienced in a particular context. What ever it may be but the world perceives that if a girl is married then she loses his virginity. And when the marriage is broken, she is treated as the second hand goods in the marriage industry. Here I teaches how to have a second marriage without losing virginity. A marriage will be broken down due to many unexpected encounters and the affected party tries to correct the others mistakes and waste the time in the matrimonial life. The affected party branded herself as the wife of the defected party. Few years before I met a highly religious and orthodox girl who met her husband at her first night in a fully drunken state. The marriage broken when he enters her room itself. The next morning elders decided to put an end of a 50 lakhs costly marriage in the church. The parents contacted me and I advised them to save the girl from the matrimonial tie-up without losing her virginity. Deepak Tijori the 90s star who swim’s in the Bollywood waters for long years obtained null and void from Shivani Tomar, a Bollywood lead after living as a husband and wife even after going a marriage ceremony 20 years before for the reason the first marriage of Shivani Tomar was still subsisting and she has not obtained divorce from her first husband and she has undergone a marriage ceremony with Deepak Tijori. In this marriage even both Deepak and Shivani has sexual intercourse for 20 years, the court has declared the marriage between them is null and void. Indian court also grant the same null and void for non consumption of marriages. The question before the young couples is what is the non consumption of marriages. Both the civil laws and religious laws emphasis to put an end to an marriage when a marriage was not consummated between the parties to the marriage. When there was no sexual intercourse between the men and women after marriage then it comes under non consumption of marriage. Few years back I met a men where he complains me that the boy friend of the bride came to the marriage place and a big quarrel took place between the bride and her boy friend in the marriage hall. Thereafter even though the marriage is performed they never lived as a husband and wife for single day. I advised them to dissolve their marriage without losing their virginity. Some people asked me that when a wife is using pills or any contraception to avoid comes under non consumption of marriage. Some religious doctrines accepts this ground under non consumption of marriage. All over world when a person get a null and void of his or her marriage under non consumption of marriage, it is believed and the decree has the legal sanctity that there was no sexual inter course took place under their marriage. Even null and void has several formats but under going a second marriage without losing virginity can be obtained by the null and void decree under the ground of non consumption of marriage. Refusal or willful refusal to perform the sexual intercourse after marriage comes under non consumption of marriage. And inability to perform a sexual inter course after the marriage is also comes under the non consumption of marriage. Non consumption of marriage is not the satisfaction in the sexual inter course but the non performance of the very being of the sexual act itself. There are many Shakespeare’s Othello who were not consummated with the Desdemona’s in the modern world. Women rose to place most of their self-esteem and identity in virginity can have a tough time. For them taking on a new role as a married woman and a new identity as a sexual human being, is difficult. Non consumption in many marriages is due to the compulsive marriages for the daughters in rare instances it may happen to sons also. Parents refusal to marry the loved ones is also a major cause for the non consumption of marriage. The failed surgeries like hymenectomy is also a reason in the medical field. Even gynecological problems also leads for non consumption of marriage. Medical grounds such as Erectile dysfunction and Vulvodynia problems facing by females are also the common cause .Sexual dysfunctions like Vaginismus & low desire in females & Erectile Dysfunction and premature ejaculation, low desire in males are the major reasons for non consumption of marriages. Today there are thousands of Shakespeare’s Othello’s are under going the same problems. Only thing to announce to the world is early decision to get null and void under non consumption of marriage. One intelligent move makes them to have a second marriage without losing their virginity. Author :- K.P.Satish Kumar M.L. Advocate Madras High Court Leading Null and void lawyer in Chennai. By Team Daniel & Daniel Helpline :- 9884883318 Head Office:- New No.99, 3rd Floor, Armenian Street, Chennai-600001. Email:- advocatechennai@gmail.com

Hindu women cannot claim property rights from Muslim Husband

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Supreme Court has approved the children’s are given legitimate status and who were born under the invalid marriage can be treated as legal heirs for the purpose of the property. The position that a marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate has also been affirmed by various High Courts. (Aisha Bi v. Saraswathi Fathima, (2012) 3 LW 937 (Mad), Ihsan Hassan Khan v. Panna Lal, AIR 1928 Pat 19). The marriage of a Muslim man with an idolater or fire ¬worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property. It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid marriage, but merely an irregular marriage. The Authour K.P.Satish Kumar M.L. is the Advocate in Madras High Court By Team Daniel & Daniel Join Our Whattsapp Group @ 9840802218

NCW is a Lame Duck or Legal Guardian for women.

NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; 3.non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities; In the case of Mayavathi is the matter of defamation made by the MLA. Even though the NCW finds guilt on the part of the MLA, the NCW has no power to punish the MLA. It can only recommend the proper authorities to take action on it. A question rises why can’t a person directly approach the proper authority for legal remedy without wasting time in NCW. The Indian legislation should give more powers to the NCW with the power of Punishing the accused. Unless NCW only act as paper worker not as a protector for women’s. Authour K.P.Satish Kumar M.L. Advocate High Court Madras By Team Daniel & Daniel Join Our Whattsapp Group 9840802218.

How to Divorce for Muslim Male - Helpline 9962999008

Three year imprisonment for pronouncing Talaq and no bail to the husband until the wife gives consent for the bail not only makes the Muslim male in turmoil but Muslim males have no law for divorce right now. How can a Muslim men can divorce right now in India. What is the solution for them. The family court of Chennai is entertaining divorce petition from Muslim in the Suit format but it also places a hurdle that the maintainability of the suit is decided on the trial only by the presiding Judge. The Indian Government has not said that any other format of Talaq is valid and the court also not discloses whether the Declaration suit for Divorce is valid. I Don’t know why the entire Muslim community is keeping quiet when there is a lawlessness situation for Muslim men in case of Divorce and matrimonial dispute when the female counterparts are protected with the Divorce and Matrimonial laws. Whether the lawmakers doesn’t see this a gender inequality. After the implementation of The Muslim Women (Protection of Rights on Marriage) Act, 2019 ,Where the new law makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Now Pronouncing talaq was made as a cognizable offence, attracting up to three years imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) The offence will be cognizable only if information relating to the offence is given by: (i) the married woman (against whom talaq has been declared), or (ii) any person related to her by blood or marriage.) The Law provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail. A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her minor children. The manner of custody will be determined by the Magistrate. In Chennai the Principal Family court has took a decision to try the Muslim Male divorce case by the family court and even the maintainability should be decided by the family court. It is unsolvable question whether the grounds of divorce is according to the Muslim personal law or not. The Author K.P.Satish Kumar M.L. is the leading Lawyer in Madras High Court Join our Whattsapp Group @ 9840802218.

4 Important things to file Divorce in Chennai – Helpline 9962999008

Before filing divorce in Chennai one should fulfill the 4 important things for purpose of jurisdiction. 1. Residence of wife : A Hindu wife can file a petition for Divorce where she resides. This never permits for the Christian and Muslim Wives. Even though it is a religious arbitrariness permitted by law, the Hindu wife enjoys this right which was denied to other religions. 2. Residence of the Opposite party : A wife can file a divorce petition where the husband resides, vice versa the husband can file a divorce petition where the wife resides. Residence of opposite party creates the jurisdiction to file a Divorce petition in Chennai. 3. Place of Marriage : If the Temple, Church, Mosque, Hotel, Marriage Hall or the register office in which the marriage was performed under special marriage Act and any other place where the marriage was performed within the limits of the Family court jurisdiction at Chennai, then a person both the wife and the husband can file divorce petition in Chennai. 4. Lastly resided Together : If the spouse whom they lastly resided at the Court limits of Chennai, then they can file divorce at Chennai. But if the place is not lastly resided then they loose the right to file divorce petition in Chennai. When a person satisfied the above conditions then they have complete right to file a divorce case in Chennai. The Author K.P.Satish Kumar is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.

Can a women marry a person whom was divorced by herself ? Helpline :- 9962999008

In a rare incident in Gurugram near Delhi a MNC employee who was forcibly divorced her husband by her parents. The college girl who married against the will of her parents was put to an end to her marriage under threat of her parents. Recently by a complaint given by the girl the Delhi Commission for women rescue the 30 year old girl and now she was married to her ex-husband. The question of legality is whether the second marriage with her same husband whom she divorce previously is valid under law. In case of Muslims and want to marry as per Muslim law then after getting divorce decree you have to marry with a third person , and after consumption of marriage again, he should divorce, then you can again get marry with the same person. Unless he divorces the second wife, he cannot marry his divorced wife legally. Such things prevails in Muslim Community. And in the same time a person cannot go two formats of marriage with the same person simultaneously. If a women marries a person under Hindu law and subsequently marries under special marriage Act, only the Hindu marriage is a valid one and they cannot claim rights under special marriage Act. The second marriage with the same person is not valid under law. In law under Christian marriage Act one person can be from any other religion and should compulsory a Christian. The other religious person can marry a Christian boy or Girl without changing his religion. When such marriage took place and subsequently he or she under goes other marriage under their own religion, then the second marriage is void under law. When one format of marriage is subsisting a person cannot go under another form of marriage under another format. But in a interesting question can a women marry the same person after divorcing him. The Muslim law never permits. Remarriage to an ex-spouse was forbidden during some eras of history. Biblical Jewish law, in Deuteronomy 24:1-4, allowed a man to divorce his wife if she displeased him, but stipulated that if his wife then married another man, and the second marriage ended in divorce, she could not remarry her first husband. During the Middle Ages, a primary teacher of the Catholic church's canon law, St. Thomas Aquinas, ruled in "Summa Theologica" that divorce was permissible only if a wife committed adultery or followed another faith instead of Christianity. An ex-wife divorced for adultery was not allowed to remarry. If an ex-wife repented of her adultery, her ex-husband was allowed to remarry her. But the Christian Marriage Act has not made any hurdles in re-marring the same person after divorcing him. In Hindu Laws the section 5 of Hindu Marriage Act has not imposed any conditions regarding the validity of a divorced person marring again. The Author K.P.Satish Kumar is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.

Divorce Petition against Aishwarya Rai - How the divorce problem will be solved

Divorce Petition was filed against Aishwarya Rai by her husband in Patna. The marriage tie between the powerful families in the country has now come to an end. Aishwarya Rai husband simply says that I cannot live with her any more. In India divorce cannot filed for no reasons by simply stating that “ I cannot live with her any more”. In India divorce are granted on limited grounds for Hindus. A person can file Divorce on the grounds of Adultery and Cruelty ( Both Mental and Physical Cruelty ). Royal and stardom families usually finish the divorce by Mutual consent without making allegation of other parties. This we can seen in case of Soundarya Rajinikanth. The stardom families never want to file on the ground of Adultery and the same will spread viral within minutes. So they choose to settle the matter within their families and file divorce by mutual consent. But in the case of Aishwarya Rai the words and expression given by her husband was not clear whether he filed on which ground for divorce. Even doors are opened to adultery. But in case of Adultery the adulterer should be impleaded in the divorce petition. His words are also given that he was strongly hurt in his heart, it might seems that he was subjected to cruelty by her wife Aishwarya Rai. Even Aishwarya Rai husband has not revealed what kind of cruelty that he was subjected. But this case cannot come to any end without disclosing any reason. Aishwarya Rai should face full fledged trial, since both the families are national reputed family. The grounds cannot be hided even the divorce procedure will go in camera proceedings. But the top families will never like to conduct the case for years and pour garbage on themselves every day. Let us see how the former chief minister’s son will handle his case and how the grand daughter of the former chief minister of Bihar also handle the case. But in law at any stage they can convert this contested divorce in mutual consent. The Authour K.P.Satish Kumar M.L. is the leading Divorce lawyer in Chennai. By Team Daniel & Daniel Helpline: 9962999008.