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How can i draft petition of void marriage ? (husband and wife both are not legally divorcee)

(Querist) 05 June 2012 This query is : Resolved 
Respected Experts

Here is the brief facts:

1) Husband and Wife both are not legally divorcee at the time of marriage

2) Husband has dissolved his first marriage on stamp paper and wife has also dissolved her first marriage on stamp paper.

3) Both the parties are not aware that stamp paper divorce is not valid divorce so their first marriage is still sustaining.

4) Currently Husban and wife are not in talking terms in any ways since last 1 and half year. ( Not living together)


5) Husband want to draft petition and seeking declaration second marriage as void marriage under section 11.

Please experts help me.

How should I seek void marriage declaration as I am also at fault of being laymen at the time of marriage?

Note: Second wife may or may not aware that her first marriage is sustaining. Because of Dispute, She is planning to file dowry, DV, CRPC 125. She has given written application to NGO lady But The lady of NGO has not kept the application on record and trying for compromise.


Thank you
ajay sethi (Expert) 05 June 2012
state complete facts of the case

dte of first marriage .whether marriage was regd , resaons for acrimony , divorce on stamp paper . enclose copy of stamp paper divorce.


date of second marriage . effect as first marriage not dissolved as stamp paper divorce is not valid .

contact senior lawyer . get it drfated
Devajyoti Barman (Expert) 05 June 2012
Drafting is the specialised job of an advocate.
Please engage a local advocate.
R.K Nanda (Expert) 05 June 2012
Take the help of lawyer.
Sankaranarayanan (Expert) 05 June 2012
it is big way of job , so better to get advise from the local expert lawyer and act accordingly
Sameer12345 (Querist) 05 June 2012
Thank you respected experts for your valuable time and advice. I will follow it.






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