Is nullity mandetory for a marriage
Pankaj
(Querist) 27 April 2014
This query is : Resolved
Hi
My cousin(Girl) had a arrange Marriage to a person who was already Married and having a 1yr daughter that time in JAN 2008.
In 2010 we filed an FIR with case of fraud with the relevant documents of first Marriage.
In 2013 APR, We filed another case for Divorce/NULLITY where the person has given his statement that he was all ready Married at the time of second marriage and yet judge is giving dates.
Now we have the copy of that statement certified by the court.
Pls advice if NULLITY is technically required for the fresh marriage. Or if there is any kind of permission required from the court for performing girl's marriage as we would not like to go into any legal hassles.
And pls also explain why nullity is important to be taken from court. Does it compensate in financial terms as well.
Regards
P. Venu
(Expert) 27 April 2014
A decree nullity from the court is still required. You may request your advocate to expedite the proceedings without any further adjournments.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 April 2014
There are two aspects in such matters.
First since you filed FIR so you want to punish that person ,
and other you want nullity to be declared by court.
Both actions are contradictory to each other. To avoid punishment the other person will contest the cases and it will go on and on and on...
Make mutual settlement is better course.
Advocate. Arunagiri
(Expert) 27 April 2014
Nullity of marriage declares that the marriage itself is null and void. This will create a situation as if "no such marriage had happened".
You have to claim compensation apart from this.
I suggest to go for a criminal case for bigamy.
Rajendra K Goyal
(Expert) 27 April 2014
For remarriage the decree of nullity / divorce has to be given by the court.
Compensation depends upon the relief claimed and awarded by the court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 April 2014
Even if the person agrees that he was married earlier and having child does not mean it was legal marriage.
And unless you can prove earlier marriage as legal no BIGAMY or compensation.
So if you want to come out of the problem early go for MCD otherwise there will not be early end to such legal battles.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
There is no question of MCD or a divorce u/s 13 of HMA because during the subsistence of earlier marriage, subsequent marriage is considered as null and void, hence a decree of null and void and proper compensation for cheating will be a proper solution.
Pankaj
(Querist) 30 April 2014
Thanks You All members. In fact I guess written statement Of acceptance of first marriage by the person in front of court is going to play a crucial role in the first criminal case filed against him. Only concern left unresolved is that girl's parents wants her to marry again but her future in laws would like to see some paper from the court saying that there is no prob in future marriage. So how to take any interim order from the court or is there any other way out so that the girl can be settled again as future in-laws are strongly insisting on some court permission
Rgds
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 May 2014
You have misconceived hope .
One person in forum section is posting regular details of similar case.
Lower court granted him nullity of marriage after 3-4 years of trial and so there after other party went in appeal where stay was granted and case is now going on for further next many years.
After this there will be HIGH COURT and SUPREME COURT.
Biswanath Roy
(Expert) 01 May 2014
This is a fraudulent marriage falls under section 496 IPC. THEREFORE MY ADVICE IS OBTAIN AN ORDER OF NULLITY OF MARRIAGE FROM THE CIVIL COURT AS WELL AS FILE A CRIMINAL CASE AGAINST THE ALLEGED HUSBAND U/C. 496 IPC and also claim damages and compensation as per law.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 May 2014
But tell Mr Roy if the earlier marriage is not proved legal than how you will get nullity order.
Even the claimed marriage is not legally performed so not legal .
Biswanath Roy
(Expert) 01 May 2014
It is admitted by the accused that at the time of second marriage he was already married. He did not say that the alleged first wife is merely a concubine or mistress.
Pankaj
(Querist) 01 May 2014
Yes Roy Sir
accused has Not only accepted it but also in the first case in civil court(In criminal category) their certificate is also available with the statement of first wife as well so there is a very little chance of doing it. But yes as per advocate defence Sir,these can be used as a delayed tactics only. and accused is safe as long as they r delaying the hearings
Lekin Sir
agar girl goes for the fresh marriage then kya technically or legally harass karne ne ke liye koi complaint kar sakta hai
And if accused( first person) goes for a complaint , will it be accepted by the court
Regards
T. Kalaiselvan, Advocate
(Expert) 01 May 2014
Yes, if the husband states and lodges a complaint that she has committed bigamy while the previous marriage subsisted, both can be punished bylaw.
Biswanath Roy
(Expert) 02 May 2014
Second marriage is a void marriage since it is a fraudulent marriage. IT APPEARS THAT THE HUSBAND INTENTIONALLY SUPPRESSED THE MATERIAL FACTS OF HIS FIRST MARRIAGE AT THE TIME OF SECOND MARRIAGE HENCE, IT BEARS A SERIOUS CONSEQUENCES. The second wife can lodge a complaint against his husband that he by creating belief in her mind as his married wife cohabit with her illegally whereby she lost her chastity as a virgin lady. Punishment of such an offense is 7 years RI.
Pankaj
(Querist) 02 May 2014
Roy Sir,
Same thing has happened & actually not just the person but whole family was involved as before the second marriage, the ex father in law gave the public notice in the newspaper that his son has never married and this so called second marriage was an arranged one and just after a month, the person when missing for 3 years and only after the help of detectives and local public he was arrested from mumbai from his house.
Sir I m not from the legal field but I feel that its clearly mentions in sec-11 & sec-5 of marriage act 1956 that the so called 2nd marriage gets automatically gets null if person is allready married.
Only things one of the parties has to do is to approach the court & give the evidences. and whatever time court takes to give the decision is because of annuality angle related to such cases.
Sir
cant family court give an interim order so can girl can go for fresh marriage. family court has allready taken 14 months and 4 months after the written acceptance by the accused of his first marriage but still judge is insisting on argument & debate
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 May 2014
A layman knows what is law , an advocate is not needed to tell law.All these experts are telling what the law is but person wants solution.
And for the query pl read the following news item with my earlier inputs.
NEWS AS PER FEB 2014 JUDGMENT OF HIGH COURT.
A 75-year -old woman recently lost a bigamy ca se she had filed against her 85-year-old husband in the high court after a trial court acquitted the man. The husband escaped conviction even in the HC as the first wife failed to prove his second marriage was 'valid'.
Pankaj
(Querist) 02 May 2014
Defence adocate Sir
Surely I will go thru it
Biswanath Roy
(Expert) 02 May 2014
@advocate defense,
I differ with you. A layman does not know law. Even the persons who do not the meaning of LL.B they also do not know the correct interpretation of law. About 20 years before in a legal seminar at New Delhi I referred three distinct opinions of three notable scholars in law who are famous international scholars in the field, those are namely,Mr. Roscoe Pound,Mr.Tony Honore,and Mr. Richard A. Posner.
Mr. Pound in his article " More about the nature of Law" published in Legal Essays in Tribute to Orrin Kip McMurray at page 513-515 (1935) stated,-...two ideas running through definitions of law. One an imperative idea,an idea of a rule laid down by the law making organ of a politically organized society, deriving its force from the authority of the sovereign, and the other a rational or ethical idea, an idea of a rule of right and justice deriving its authority from its intrinsic reasonableness or conformity to ideals of right and merely recognized, not made,by the sovereign.
Mr. Tony Honore in his article " Making Law Bind "published in Essays Legal and Philosophical at page-33 stated,- All law is the law of a group of individuals or of groups made up of individuals. No one can make a law purely for himself. He may form a resolution, frame an ambition, or adopt a rule,but these are private prescriptions,not laws.
Mr. Richard A.Posner in the book The Problems of Jurisprudence at page 220-221 (1990)stated thus,-It will help to distinguish three senses of the word 'Law'. The first is law as a distinctive social institution; that is the sense invoked when we ask whether primitive law is really law, the second is law as a collection of sets of propositions- the sets we refer to, as antitrust law, the law of torts,the Statute of Frauds and so on. The third is Law as a source of rights,duties, and powers, as in the sentence 'The Law forbids the murdering heir to inherit'.
Mr. Advocate Defense do you wanted to say about the aforesaid character of law which a layman knows or even known to many practitioners? I am afraid to say finding out solution is possible only by those persons who know law.
Pankaj
(Querist) 02 May 2014
defense Lawyer Sir
Actually They r playing all these tricks to get the out of court settlement But We all want them behind bars as they have intentional done all this. Girl is ready to sacrifice her future marriage plans
She got married engaged in 2006 and married in 2008 and after that person ran away just after one month and these ppl were just clueless about all happenings till 2011.
Sir honestly like ur reasoning has taught me one very strong thing that if the person proves his first marriage illegal then only there is a prob for us otherwise rest all is in our control
Biswanath Roy
(Expert) 02 May 2014
@ADVOCATE_DEFENSE,
As a Senior Counsel of the Original Side of High Courts in India I do accept Senior Briefs through any Advocate-on- record or Solicitor or Attorney. If any body is interested for my service or help he shall have to brief me through proper channel.
