Divorce
rsraghukumar
(Querist) 04 June 2012
This query is : Resolved
sir when divorce petition is in pedning, husand or wife re-marry another person, will that second marriage is void or valid marriage in the eye of the law.
Sir a couple of days back i came to know through sources that Delhi High Court passed recently a judgment with regard to void marriage when first marriage divorce petition is in pending married for second time.
please suggest that date or name of the citation or supreme court citation with regard to this. that is when divorce petition is in pending, man or wife if marries second time, that second marriage is void under law.
Devajyoti Barman
(Expert) 04 June 2012
Unless the divorce is granted by a competent court of law any marriage by either of them is absolutely void.
Pendency of mutual divorce case is no defence.
adv. rajeev ( rajoo )
(Expert) 04 June 2012
I agree with Barman. But both husband and wife remarried another person so their goal is achieved.
ajay sethi
(Expert) 04 June 2012
second marriage would be void
ajay sethi
(Expert) 04 June 2012
second marriage would be void Section 17, HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.
MohammedRaffiq Bijapur
(Expert) 04 June 2012
I agree with experts.
the judgment would be applicable only for the given circumstances of the case.
kuldeep kumar
(Expert) 04 June 2012
my opinion is that 494 is compundable so compound it but again a question arise in my mind who is competent to compound as BOTH are criminal in eyes of law.but what will happen if any of the newly hus/wife has been kept unknown hiding the fact of first marriage.
MY FINAL OPINION- ONLY ONE SIDE WILL BE EFFECTED IN THIS CASE IF SHE OR HE MAKES THIS FACT TO COURT THAT SUCH PERSON COMMITTED A FRAUD UPON ME.
kuldeep kumar
(Expert) 04 June 2012
QUESTION OF LAW IS RAISED IN THIS CASE AS BOTH PARTIES HAVE COMMITED CRIME.
Shonee Kapoor
(Expert) 05 June 2012
VOID marriage.
There would be atleast 100s of such judgments which have declared the marriage Void, when done during the pendency of the divorce petition.
Try searching www.indiankanoon.org
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shashikant V. Patil
(Expert) 05 June 2012
In the eyes of law, it is a void marriage.
Also, both spouse are committed crime of plural marriages.
SAINATH DEVALLA
(Expert) 07 June 2012
Indian Penal Code (IPC)
Section 494. Marrying again during lifetime of husband or wife
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.
State Amendment
Andhra Pradesh
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].
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