Legal marital status declaration from family court

SSE

 

 

I did two marriages.

First marriage is terminated by executing Customary Divorce Deed.

Second marriage is done with simple ceremony.

What would be my marital status and which women will be my legal wife?

Can I get my marital status declared from Family court without making any respondent?

Can I ask family court that which women (wife) from above two marriages is my legally wedded wife?

Can anybody explain me Section 7 (1) (b) in Family Courts Act, 1984, (1) Subject to the other provision of this Act, a Family Court shall, (b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person?

What would be the procedure?

 
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service

Once you divorced the first wife and consumed second marriage then second wife is your legally married wife. If you any way claim the having two wives at a time then under Hindu law you may attract risk of bigamy

 

 
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SSE

@ Amrish

I am not worried about bigamy as of now. I am looking for the answer of which one will be my legal wife and how to get the declaration for it from family court.

 
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Advocate

By any divorce deed, legal divorce does not happen. Legal divorce can be done through appropriate court order. In case the same is not there, then your first wife is still your legally wedded wife.

But you can not move court for declaration of your second marriage to be void because section 23 HMA prohibits to take advantage of wrond done of own.

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Advocate

The  marital status can be declared by the family court,.if in your community there is a  recognised custom to  effect legal divorce   between parties to the marriage ,your customery divorce would be a valid divorce (such customery divorce are saved by The Hindu Marriage Act vide se 29)and your seconf marriage would be  perfectly a legal marriage,  the woman with whom you have contracted marriage on the second occassion would be your legal wife,  a suit to decalre the marriage a nullity cannot be filed in the family court  without joinig the  alleged wife as a respondnet .Section 11 of the Hindu Marriage Act  provides such  a provision , the section was was amendend to  make it imperative to join the other spouse as  party respondnet . but there may be cases when the question of validity of marriage may arise after the death of the other spouse  in such cases the validity of the marriage can be determind in abscence of the other spouse not under the hindu marriage act but under  section 9 of the civil procedure code and to my mind ,  such a suit would lie before the ordinariy civil court  as a declaratorey suit.


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Worker

But you can not move court for declaration of your second marriage to be void because section 23 HMA prohibits to take advantage of wrond done of own.

 

rightly said by Gautam Prasad ji


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Advocate

If the second marriage is bigamos, it would be void and bar under section 23 of The Hindu Marriage Act would not be applicable in such a case, since no two persons can   agree to make it valid which is otherwise invalid .


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