tl himeshkumar (md) 20 December 2011

About divorce

HI,pls help me .

If any male aged 36yrs marries here an lady who is married to other person and migrated to foreign country and not got divorced with the first husband and also get an marriage certificate of second marriage as showing it as first one.no w both are living togethr and obtained an visa from tat countruy as spouse,and now first husband here in india.tell me how legal it is or how can the second marriage is possible for which they have obtained an marriage certificate.also I am witnessed it.now i am in worrry it may happen any illegal procedures.

pls help me.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 December 2011

Without divorcing the first husband, second marriage with another person is void. On this ground first husband can seek for the divorce.

Deepak Nair (lawyer) 21 December 2011

Dear himesh Kumar,

Once a marriage is registere is registered. you have signed as a witness. Now that cannor be erased in any case.

However, the marrage is illegal and void as the Indian law does not permit the second marriage if the woman is still in the first marriage. Second marriage without obtaining a divorce is a criminal offence which attracts penal action.