Divorce

Pinal Patel (Querist) 04 April 2020 This query is : Resolved
One of my friend is having bal vivah and through that he is having two child’s but he don’t want to stay with her wife and he did another marriage.,so for first marriage what he have to do because through that first marriage he is having two child’s also.,how can he would be able to file a divorce from the first wife?and in that case does his second court marriage is valied as first marriage was bal vivah?

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This discussion addresses a complex divorce scenario involving a Hindu man who entered into a child marriage at 15 and later remarried in 2018 without divorcing his first wife. The consensus is that the second marriage is illegal and invalid due to bigamy, as the first marriage, despite being a child marriage, remains legally valid until formally dissolved. The children from the first marriage are considered legitimate, and the man could face legal trouble, including potential issues with government service if applicable.

Raj Kumar Makkad (Expert) 04 April 2020
Whether your friend is a Hindu or Muslim?

What was his age at the time of marriage?

What is his current age?
What is the age of both of his children?

When did he re-married ?

Whether still he is Hindu (if he was)?

Answer the above-noted questions before I address your query.

kavksatyanarayana (Expert) 04 April 2020
Yes. Without divorcing 1st wife, he cannot go for 2nd marriage. Your query requires more facts of the case.

Pinal Patel (Querist) 05 April 2020
He is a hindu.. and at the time of marriage his age was 15, right now his age is 31..first children age is 8 and second child age is 7...he has remarried agin in 2018..and yes he is still Hindu.

Dr J C Vashista (Expert) 05 April 2020
Second marriage is illegal and invalid which is bigamy as marriage of your friend subsisted/ continued at the time and after attaining his "majority".
Both children from his marriage are his legitimate.

P. Venu (Expert) 05 April 2020
Are you the person he has married second time?

Rajendra K Goyal (Expert) 05 April 2020
Second marriage is invalid, he can be in trouble on the complaint from first wife.

His first wife is legal wife, till divorced, children are legitimate.

If your friend is government servant his service can be in trouble.

Advocate Suneel Moudgil (Expert) 05 April 2020
second marriage is ILLEGAL/NULL/VOID

Advocate Suneel Moudgil (Expert) 05 April 2020
A person commits bigamy when he/she, during lifetime of the spouse, get married again, without dissolving the earlier marriage, through the Court of Law.

Advocate Suneel Moudgil (Expert) 05 April 2020
Bigamy is a non-cognizable offense, bailable and compoundable with the permission of the court.
It is punishable with imprisonment up to 7 years or fine or both.

T. Kalaiselvan, Advocate (Expert) 07 April 2020
Even though it ws a child marriage, there was no petition filed by anyone to nullify the first marriage hence at this stage that is very much a valid marriage.
The marriage contracted subsequently is invalid, null and void.
Even if he is filing a divorce case to dissolve his first marriage and gets divorce, the second marriage cannot be considered as a legally valid marriage.

P. Venu (Expert) 07 April 2020
To my knowledge, child marriage is not null and void.

Raj Kumar Makkad (Expert) 07 April 2020
Author has still not replied the specific questions raised to him which means he is not interested to have reply from the experts.

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