Bigamy is not made out if the second marriage is voidable?


Girl married husband-1 then without getting divorce, the same girl married another husband-2
The first marriage is perfectly valid, the second marriage is voidable due to the reason that the consent of the girl was obtained by fraud, by reducing the age of husband-2 by 4 years.  When the girl came to know about the age fraud, she has been living seperately for the past 1 year and has not sought annullment of 2nd marriage for age fraud under section 12(1c) 

if the first marriage is voidable, the person couldn’t be prosecuted for Bigamy.  similar rule applies for second marriage as well? OR annulment case should be filed before the aggrieved spouse files the bigamy complaint?

At this point, if 1st husband files bigamy, can the girl escape by immediately filing annulment of 2nd marriage?  Criminal case for bigamy will be stayed still the annulment case is decreed in the girl favour?

 
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all marriages are VALID until court declare them INVAILD.

so anything you do , you must declare your marriage invalid from court only...

no stamp papers !!!

 
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Advocate

This forum is meant for real-time issues; not for playing hide and seek with law and its procedures.

 
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