Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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marriage null & void

(Querist) 20 July 2009 This query is : Resolved 
I know That my wife is already married & not divorsed at the time of our marriage .i want to my marriage is null & void u/s 11 with 5(1) of hindu marriage act. give any case laws for suport that knowledge dose not matter in case marriage null & void.
A V Vishal (Expert) 20 July 2009
SHAMAL,

WHY DO YOU WANT YOUR MARRIAGE TO BE TREATED AS NULL AND VOID, KNOWING THE FACT THAT YOUR WIFE IS MARRIED AND NOT DIVORCED YOU MARRIED HER, THE FACT ITSELF PROVES THAT THE MARRIAGE IS VOID AB INITIO.
Jayashree Hariharan (Expert) 20 July 2009
Your marriage is as it is null and void in the eyes of law, since you knew that your wife is not divorced. Such second marriage is not a marriage, as per law.
piyush sharma (Expert) 20 July 2009
qqq
sanjeev murthy desai (Expert) 20 July 2009
Dear Shamal Deshmukh,

At the time of getting second marriage with out divorce to the first husband it is legaly null and void. But that second marriage time her first husband was expired, the divorce is immatirial.

Shashwat Shukla (Expert) 20 July 2009
Mr. Shamal,
this m'age is void ab initio.
Sarvesh Kumar Sharma Advocate (Expert) 20 July 2009
when you know that your wife is alredy married ,if after marrriege then it is void. and you can register a criminal case u/s-494 ipc against her.
but if you know this fact before the marriege that she is merried then you also commite that offance.
so be careful........
Amarjeet yadav (Expert) 20 July 2009
man ur marraige is already void ab initio.

since u r aware that ur wife is alredy married and she is not divorced then such marraige is accepted in the eyes of law.
i agree with mr. sarvesh that u have done a offence. so be careful
charudureja (Expert) 26 July 2009
when first marriage is subsisting and a second marriage has been performed, it is void-ab- initio ie zero from its inception and for that one nedd not go to court for declaring it void. so no need of decree. your marriage does not exist at all in the eyes of law


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