Validation of void marriage

SSE

Divorce Deed itself is a proof of her first marriage...

Second Marriage is void.... 

No matter her first marriage was obtained by force...


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Worker

experts kindly throw light on this weird situation.


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SSE

Originally posted by :Amit---------------
"
ur client does not fit into the definition of aggreived person.

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

A Void Marriage is Void.... Parties doesnt need to be aggreived....


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owner

Sir, accoring messgaes first marriage is still continue., and husband second marriage in null and void he is not entitle to pay anything to his second wife and second wife will be called mistress so her real first wife married second time there also her marriage is null and void.  , so who will be charged for bigamy., if any fromfirst wife or first husband  not married he/she can charge to another spouse  or both will face bigamy.


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Advocate

 

 

Sameer12345

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

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

 

Our client being a social worker, originally intended to get marry a legally divorcee or a widow as his second wife, after the depart of 1st wife with a man. It was represented at the time of 2nd marriage, that the 2nd wife was a legally divorcee. But in her petition for divorce she admitted that her 1st marriage was dissolved by a deed. Therefore we filed a CRP under Art. 227 challenging the maintainability of the petition under HMA. In her counter she alleges stories and filed the said deed as her document which totally contradicts her plea. She cheated our client. 



Her lawyer knows that she will be defeated in CRP for sure.  When we prepared a detailed complaint, her lawyer pressed for compromise. There is one female child. Therefore she requested to consider her plight and the future of the child and suggested to file joint petition under section 13B and pay money as one time settlement to the child and that lady.



Considering all these and as a goodwill gesture and on humanitarian ground, our client being social worker agrees to give money, if she agrees for amicable settlement of the disputes finally and fully. She agreed to return a plot purchased by our client jointly in her name and further she agreed to unfreeze our client's bank accounts.



A delicate situation...

 

 
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SSE

 

 

 

 

Above all are the opponents tactics.

 

There are few suggestion from my side.

 

1) Don't go for 13B (Mutual Consent)

- Let’s consider Current Non Legal Wife marries third time.

- There are chances that Her Third marriage may not work and Again She approaches court.

- Your Client will have to come again to the court as Second Marriage is void and they have taken MCD.

- THE MOST IMPORTANT POINT in not going for MCD is that, The Girl Child of your client can claim inherited property in future which she is not liable if Marriage of her mother becomes void.

- The opponents are wishing for MCD so that She can avoid taking divorce from her first husband and she can avoid facing First Husband too ( OWN BENEFIT).

- Your Client may not care about her happiness/sadness but again your client has to follow the law and put the truthful facts to the court to make a things simpler for future.

 

2) At the end of all court proceeding, The Marriage is going to be VOID. So don’t bother about what She says in the court.

- She is currently saying that her first marriage was held without her consent and she is claiming her first marriage to be VOID.

- Here, her claim itself is not supported in any of HMA Sections. She is claiming a Voidable Marriage as VOID marriage. Section 11 and Section 12 are two different Sections.

- Again to claim Marriage as voidable, She must have to approach court before entering into Second Marriage. She has made a Divorce Deed which has no value in the eyes of law. Without Dissolving First Marriage legally, a person cannot enter into Second Marriage.


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SSE

 

Maintenance to Child will be awarded in any case. Your client can not avoid it.


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Worker

@ the author, 

 

now request the court to dismiss her petition u/s 13B

 

E N J O Y 


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