Mayank Sharma 11 March 2018

Query for viod marriage

Hi, All Adv I am facing an issue .
I got married on 31 Oct 2017 and in Dec I got a call from unknown that my wife has been already married before with some one. I investigate that and by the legal way I got the marriage certificate of her which was proof of her marrige solomnized on 19 jan 2017 so I have a question that she was married before and she and her family hide this fact to me and my family now I they are saying that they have legal divorce but they are not showing as the girl having marriage under special marriage act 1954 so my question is this in such case if she tried to void the marriage on the basis of impotence of pervious boy how much time it took to nullified if in case that boy is agree to declare himself as impotence (I talked to boy but he is saying everything is legal but no one is showing me divorce paper but might be as the girl is rude and arrogent so might be possible that boy aggress to declare himself as impotence)

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10 Replies

Vijay Raj Mahajan (Advocate) 12 March 2018

If the marriage was solemnised and registered under the Special Marriage Act,1954 the dissolution of marriage by decree of divorce or annulment of marriage by decree of nullity can be done through the Family Court only. To check if the marriage was ever got annulled or dissolved check the record of the Family Court where the parties live, if no record exists then the marriage is still valid. Your marriage with the woman is Null and Void and that amounts to act of bigamy on her part which is punishable offence under section 494,495 IPC and she can be sentenced to up to 7 years and fine if either her first husband or you want her to be prosecuted. Tell her parents about this wrong.

Her stupid parents made big mistake in getting her married without getting her first marriage dissolved or annulled.

Mayank Sharma 12 March 2018

Thank you for your valuable advice sir. I would like to know that in case they declare boy as impotence then in such condition how much time it takes to annulled the marrige ?? The issue regarding searching in court is that 8 tried my best and get marrige certificate only but didn't get any information regarding their degree of divorce or annulled marriage. But they are saying that they have legal document.

Vijay Raj Mahajan (Advocate) 12 March 2018

They are telling lies, the lady is wife of another man and indulging in physical relationship with her will put you in trouble u/s 497 IPC for offence of adultery. The divorce or nullity is not granted by any court in such a sort time and nothing done in this case. You should file criminal case against the wife for bigamy and cheating and name her parents as co-accused for instigating her for this offence. The annulment of marriage if she takes from first husband now will not make your marriage valid. You will have to marry after the first marriage is annulled by the court and that may take many years to decide. The mere impotency is not sufficient to get marriage annulled, the marriage was not consummated also has to be proved and how she will prove his impotency, mere stating him as impotent is sufficient, medical experts have to state in the court about his impotency with concrete medical examination reports.

You are being made fool by these people and in your innocence you are listening to these rascals.

Mayank Sharma 12 March 2018

Thank you again for your such experienced and valuable advise I am fully satisfied and consider your openion sir. You know I am facing a huge mental harrasmment and I have information that the first boy was agreed to consider himself as impotence because he was also in mental pressure and wanted to come out of this mess so if a boy is agree in front of court and aggres for medical examination so how much time it took place to wind up all the things and one more thing after the marriage on 19 of jan 2017 everything was fine between both of them till 10 of April 2017 after that only they have issues and filled divorce so in mutual concern for impotence of boy with board examination is it possible to get annulled between 10 April 2017 to 31 Oct 2017 ??

Vijay Raj Mahajan (Advocate) 12 March 2018

There cannot be filling of divorce by mutual consent within one years of marriage, so no divorce by mutual consent in the year 2017, law is like that . Second point the divorce by mutual consent does not have any ground like impotency of husband, that he will agree for the same before the court and even if he does so the court will see the consent of divorce between both to end the marriage by decree of divorce not what is lacking in the husband or wife. The divorce by mutual consent requires 6 months to finalise after filling it, If they file it today they get divorce after 6 months in the month of Sep,2018 not on back date or month or year.

You are being made fool by all these rascals this thing you are not understanding coming out posting all flimsy things here, talk like educated person not illiterate like them.

You need detailed legal counselling for the case otherwise sooner you'll be in some mental asylum.

Mayank Sharma 12 March 2018

Ok sir thank you very much for your concern I appreciate your quick responce Thanks and Regards

Adv Radhika Mehta (Advocate) 13 March 2018

Firstly under the Special Marriage Act, there is no ground to nullify the marriage on the relative impotency of the spouse. That is under the Hindu Marriage Act. Under the Special Marriage Act, it is the wilful refusal to consummate the marriage. If the previous husband has appeared in the Court and in his Written Statement agreed that he was reluctant to consummate the marriage, then the Court, by taking into account his admission, can nullify the marriage. Duration depends from Court to Court but there have been instances where such Petitions are disposed off within months. However, stop the speculation and get the papers regarding the same from the Court. Assuming even if her marriage had been nullified before she got married to you and your marriage is valid, you can file for nullifying your marriage on the ground of fraud/ misrepresentation as such a big thing was hidden from you.

Mayank Sharma 13 March 2018

@Radhika maam you mean to say under SMA if husband and wife both agrees to dissolve the marriage before one year in such case is it possible for court to nullified the marrige before 1 yr of expiry of marriage??

KISHAN DUTT KALASKAR (Advocate) 15 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

Adv Radhika Mehta (Advocate) 15 March 2018

Originally posted by : Mayank Sharma
	@Radhika maam you mean to say under SMA if husband and wife both agrees to dissolve the marriage before one year in such case is it possible for court to nullified the marrige before 1 yr of expiry of marriage??

It cannot be called agreeing. The Court has to be satisfied there is no collusion or connivance between the parties. But yes under the circumstances mentioned by me hereinabove, yes it is possible. Duration depends and differs from Court to Court.