Second marriage divorce

Dear Nishi Second marriage is void abinitio, no need to file any divorce, you can file a petition for declaration of marriage null and void. according to hindu Marriage act section 12. Feel free to call

@ Nadeem sir, 

i disagree, 

sec. 11 will be applicable - not 12

 

kindly explain.

Thanks Amit, for the splendid work.

@ Assumi Sir,

I learnt this at LCI.

Its just my humble effort to share !! 

Expers have corretly advised.

Dear All,

After inputs from the above messages I met my lawyer and what he told me that even if second marriage is not leagl you have to go through sepration as second marriage is registered and they have the proof.

I am now more confused, please help

Regards

 

Nsihi

 

read PM, i sent u.

 

show the following case decided by Hon. Supreme court of India to ur counsel.

further, mere registration of a void marriage does not make if valid.

however, to avoid future risks, obtaining formal declaration is beneficial.

remember IPC s i told last time

 

m m malhotra vs union of India.

The marriages covered by Section 11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. Although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formal declaration from a court in a proceeding specifically commenced for the purpose.

 

https://indiankanoon.org/doc/1205244/

Hi Amit

I checked the case and other case as well. There are also provison of IPC 494 applicable, as its acrime. So if we go and file a petition, will the court can put us in trouble. I just want to make sure that my sister gets out of this problem without any hassel

Regards

Nishi

court will not take action against u in civil case.

its the first husband who is aggreived person and may complain of ipc 494.

for him, no proofs will be needed to file the complaint at police station,

check ur PM / Indbox