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Guntur bigamy

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved 
Hi sir i am from hyderabad, Andhra Pradesh. I have married hindu women in the year 2007. My marriage is a failure marriage. After one year i came to know that, she got already married in the year 2005 in a temple and it was a love marriage. Both were majors. And without giving divorce to first husband, she married me. And the next thing is sir, after knowing about second marriage, first husband filed a suit with I.A for grant of Injunction Order for stoping the second marriage with me. Accordingly the court has granted temporary injunction order restrianing her not to marry me or anyother person. In that suit i was also made 2nd respondent. Notices were served on them but they refused notices and proceeded marriage with me. The same notices were sent to me also but it was not served to me for want of address. First husband was unaware of my house address. It was returend as unserved. During the foce of injunction order she married me.
Now my question is sir, when injunction order is in force she married me. and without giving divorce also she married me. i filed null and void under section 11 of HMA. and i filed on her 420 case also. Is my marriage is void under law?
Recent past i came to that there is one ciatation by SupremeCourt that if during the existence of injunction order marriage is performed that marriage which is performed during the force of injunction order is Void under law. please suggest that ciatation address.
Injunction order was granted according to Order 39, rules 1 and 2 of CPC 151 under Prima-facia against women.
Waiting for your reply sir. Thanking you sir.
Kiran Kumar (Expert) 06 February 2011
So far I have never seen any court passing such kind of injunction orders restraining a person not to get married till the pendency of suit....and I dont believe such remedy is available under Specific Relief Act, 1963.

otherwise, if your wife was already married and without giving legal divorce to her husband she married you as well then certainly her marriage with you is void ab-initio.

you may file a divorce petition against her if you have some good evidence to support your case, you may approach her first husband to come to your rescue.
Uma parameswaran (Expert) 07 February 2011
Marriage itself is void and there is no question of divorce.


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