Sir,
During pendency of divorce, my friend Raju marries a girl aged about 17 years.
His first wife file 494 IPC before court. The trial is pending.
Since second marriage is void due to underage marriage, can Raju go to high court to quash trial ???
As per your query it is understood that you need information regarding the marriage during pendency of divorce proceedings.
First of all, while the divorce proceedings is going on the person is still married to the first wife. When the divorce decree is passed by the Court only then both the husband and wife can marry again and this marriage is also void because the girl is 17 years old i.e., she is minor.
The marriage is not a legal marriage and you cannot file for quashing of trial. FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. A FIR can be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
Hope it helps!
Regards,
Anusha Singh
