Validation of void marriage

Worker

The husband did not conceal the fact of his separation of his first marriage by divorce deed, to the second wife.

so 420 is not applicable.

 

The second wife in her counter says that she is s lay person and she could not able to understand the legal position

lack of knowledge is no defence.

 

void = always, in any situation, for all purposes, may be due to any reasons, at any time void

 

In case of void marriages, neither delay nor conduct can impose bar on Decree (Halsbury).


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Worker

10 years later, the second wife filed a petition seeking divorce.

 

since the marriage is void, divorce is not applicable.

she should file for sec. 11 rather than 13.


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owner

Sir, pls advise if any couple  ( A & B ) made   deed of divorece  and registered in  sub registrar  ( no any court divorece.or court decree ), and later both married with C & D , will the nesx marriage of both A & B is legally, whether boths spose are will be count legally wife and husband of ( C & D ) , what will be the reall position of their legally in future. pls advise.

 
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Worker

deed of divorece  registered in sub registrar's office is not valid unless & until A & B are governed by personal law. (customary divorce.)


second marriages of A & B will be void.


this is because, divorce was not known to Hindu community

marriage was considered to be a sacrament

the concept of divorce was introduced to Hindus by hindu marriage act in 1955.


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SSE

 

Marriage of A & B is valid and still sustaining

Other Marriages of A and B is a PROSTITUTION in General Words... and It’s a CRIME in the eyes of Law.

Very well said by Amit.


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SSE

Originally posted by :Krish Narayan
"
Dear Experts,

A Hindu husband's first marriage was concluded with a divorce deed. Then he secondly married another woman. In the same manner his first wife also married another man.
 
"

Above Another Women was also divorcee or was single at the time of marriage?


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Worker

Originally posted by :Sameer12345
"
 

Marriage of A & B is valid and still sustaining

Other Marriages of A and B is a PROSTITUTION in General Words... and It’s a CRIME in the eyes of Law.

Very well said by Amit.
"

 

the proper word is CONCUBINAGE


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Advocate

 

Sameer12345

 

"Above Another Women was also divorcee or was single at the time of marriage?"

She was not single. She got married a man, but it was alleged that her consent was obtained by force and thereten. She did not live with that man and removed the mangal sutra and gave it to him. Subsequently she got separated from him by a divorce deed. She alleges in her counter that it is no marriage in the eyes of law as consent was obtained by force (she says a story that the man put some sedative tablets in cool drinks and draged her to a small temple and tied mangal sutra when she was not in a state of giving her consent) and no customary rits or ceremonies were performed. Therefore she alleges that it is not necessary to get divorce decree from court as far as his first marriage is concerned. She therefore allegs that her marriage with this present second man is valid one. 

We are for the husband pleaded that her 1st marriage is void. Eventhough it is no marriage in the eyes of law, she ought to have got the declaration from court to declare her status before marrying our client (the present second husband). She must cure herself and legally attain the status of 'unmarried' before marrying our client. As she failed in it, she is not entitled for divorce or maintenance. A prior void marriage or no marriage cannot validate the subsequent marriage (which is also unfortunately a void one by the conduct of our client). She is a continuous concubine. This is our stand. Will it succeed?


 
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Worker

Replies from / for Sameer are awaited !!

 
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Worker

ur client does not fit into the definition of aggreived person.

petitioner is not allowed to take advantage of his own wrongs.


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