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Second marriage

(Querist) 08 June 2013 This query is : Resolved 
I got divorced(family Court-Bandra) from first wife in Year2000, I got remarried to my present wife in Gurudwara in year 2002, she is a doctor and claimed to be divorced with one kid of 13 than in year 2002, I accepted both of them at home. I bought lot of property in joint name of Myself and present wife( total funds from myself) and than I came to know that she had not legally divorced her first husband, (She and her Ex Husband had filmy style divorce with notarised affidavit)
What is status of my marriage?
What is status of my new joint property and also my old property plus account with banks?
ajay sethi (Expert) 08 June 2013
1) your second wife has not legally divorced her first husband . your marriage is illegal .

2) as far as joint property is concerned she is co owner of said property . better start disposing off joint properties .
V R SHROFF (Expert) 08 June 2013
File a declaratory suit in Family Court, that the said Notorised Divorce be taken on record, and as no h-w relationship for over 11 years, approve it as valid Divorce as per sec 29 of H.M.Act, or as an alternate relief to dissolve the said marriage u/s 13 of H.M. Act. Join Ex- husband as Party thereof.

Better to start late, then never.
prabhakar singh (Expert) 08 June 2013
What is status of my marriage?

ILLEGAL is the answer.

What is status of my new joint property and also my old property plus account with banks?

All that are joint would be deemed to be joint,moveable or immovable,and those in your exclusive name would remain your exclusive is the answer.

Do any exercise your marriage shall remain illegal in absence of presence of decree of divorce from her husband before the date of your marriage with her.
R.K Nanda (Expert) 08 June 2013
no more to add.
Raj Kumar Makkad (Expert) 08 June 2013
Your marriage is void and thus all the consequences shall follow accordingly.
Sudhir Kumar, Advocate (Expert) 29 June 2013
It can be said that you have started living with other man's wife as your marriage with that lady is illegal. You can be jailed on charge of adultery.


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