Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shanmugavel gandhi (Research consultant)     26 October 2012

Which of the marriage is voidable?

A girl marries a impotent man due to some circumstances, the man give only a verbal consent to the girl and give a sworn statement of separation, but no divorce. after two years of living separately the girl marries a boy of her choice and also informs the huband of her marriage, later the previous one files a x party divorce after one year.

my question is which marriage is a valid one? if the wife challenges the first marriage voidable under impotency or if the first husband challenges wife of adultery and marrying when spouse is alive.
 the first marriage of the impotent one not a registered one but done at home before few relatives



Learning

 5 Replies

Garvit Chauhan (associate)     26 October 2012

The first marriage is voidable at the instance of wife as husband was impotent. But they were just leaving seperately with their own consent which does not terminate their legal status towards each other of husband and wife. If wife marries another boy before getting valid divorce from court then such second marriage shall be void-ab-initio (since inception).

Wife can file for Divorce against first husband on the ground of impotency.

K.K.Ganguly (Advocate)     26 October 2012

The first marriage is valid till it is declared null & void. There has been no application even till date for declaring the first marriage as void. The second marriage is clearly void ab-initio.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2012

first marriage is voidable acc to section 12(1)(a) of HMA.

second marriage is void.

2 Like

Shanmugavel gandhi (Research consultant)     06 November 2012

suppose the wife got a divorce after second marriage, would the second marriage be valid still or its void-ab-inito

Struggling Sister (Housewife)     10 December 2012

I guess so


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register