Ashish Joshi 25 February 2018

Void / Voidable Marriage

Dear seniors

Greeting of Sunday ☺

My 1st marriage separation done mutually by doing marriage separation agreement on Non Judicial Stamp Paper of Rs 100, where we dont know that decree required to be legally divorce.

2nd marriage done (HMA 1955) where both parties aware (me and my 2nd wife) about previous marriage history and how we got separated on 1st marriage. Now she has left me due to she has choice of another man in her life.

Now I came to know now that 2nd marriage is Void / Voidable marriage.

My question is do I need to take any legal step to be separated from her as going for Decree is no exist where 2nd marriage considered void/null ?

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11 Replies

Vijay Raj Mahajan (Advocate) 25 February 2018

Your second marriage is void abnito no further dissolution by decree of court required, you're still legally married to first wife.

Ashish Joshi 25 February 2018

Thanks Vijay sir. can she put any annulment petition against me ? Or any grond of Bigamy can be raised by her ? She is still carries her name with my name.

pl guide

sparrow (Apprentice) 25 February 2018

Yes bigamy charge will be attracted bcoz 1st marriage was not legally dissolved as court decree of dissolution is required. She can press for maintenance claiming that she was ignorant of your 1st marriage. If u have lived with her for considerable time than court MAY order u to pay some maintenance. Del HC in 2008 had allowed in similar case (Narinder Pal Kaur Chawla v. Manjeet Singh Chawla).

sparrow (Apprentice) 25 February 2018

Though if u prove her living with someone else it would be mitigating circumstances.

Ashish Joshi 25 February 2018

Thanks for time spent Sparrow. We both had undersigned on consent letter before marriage stating that we both are separated. We Both and our parents also undersigned on it and thereafter our marriage certificate made.

Adv Radhika Mehta (Advocate) 26 February 2018

In my opinion, the charges of bigamy cannot be raised by her as your marriage was void ab-inito i.e. not valid from the beginning. She can however claim maintenance from you if she is able to eastablish that you people were in a live-in relationship. But the question of her initiating proceedings against you is doubtful isnt it as you mentioned she has another person in her life?

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Ashish Joshi 26 February 2018

Sounds good Radhika Mam.

Your suggestion looks reasonable and logically as you are qualified too.

Actually she has left me on her own and as per my thinking, Live in relarion can be ocuured only in case of both parties are unmarried. isn't it ?

I am a layman Radhika Mam, your words are more valuable then normal layman.

If you want anything to add on this,
that would be a million oblige to me.

Stay blessed

Adv Radhika Mehta (Advocate) 26 February 2018

Not necessarily. Live-in relationship can happen even if one of the person is married. The girl can always claim that she was not aware of your marital status or that you told her that you were a Divorcee.

I would however advise you to contact your 1st wife and obtain an official Decree of Divorce from the Court.

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Ashish Joshi 26 February 2018

Thanks Radhika Mam Seeing time spending in such a busy day. Last query from my side, that she had signed on consent form before our marriage got registered that we know eachother's marital status that we both are separated by law. (I was separated on non judicial stamp paper and she had court decree) I heard that if she push me on Bigamy case , she is also in a guilt. Is it so ? BAS MAM, YE LAST QUERY SOLVE KARVA DO. MEHARBANI APKI

Adv Radhika Mehta (Advocate) 26 February 2018

She definately cannot take advantage of her own wrongdoing but in the end all it boils down to the lawyer she chooses. The situation can be manipulated. Therefore rather than leaving room for all these ambiguities and probabilities, approach her and speak to her. Amicably resolve the issue. Dont leave things pending.

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Ashish Joshi 26 February 2018

Great. Thanks a million