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lakshmi (admin)     15 July 2016

Advice on void marriage

Respected Advocates

I got married in 2004 and within a month he desserted me. After a year he sent notice asking for divorce and then in next 6 mnths he filed petition for divorce on grounds of dessertion. First 3 yrs he attended dates on-off and on my lawyers insisitence i filed maintenance after 3 yrs to force him to not skip dates. From the date of order of maintenenace, he stopped attending case and court dismissed his divorce petition and that he is absconding. Meantime i got info that he is married and has 2 childrens but didnt know his whereabouts. i was broken and left the maintenance case.. didnt bother to follow up.

8 years later i met my  2nd husband - unmarried and younger. i was initially reluctant to accept this proposal. i told him EVERYTHING abt my previous marriage and that as per law i m stil not divorced. He was completely okay with it. But as days passed i could sense his abusive behaviour but i went ahead and married him in 2014. He fought for petty issue on the day after our marriage, as silly as something my parent said and that he got hurt. He called everyone in my contact list including those in office and said that he is my second husband speaking. His intention was to degrade and humilate me.we didnt live together after marriage and he insisted on divorce. One lawyer said that no need to divorce because its a void marriage. (i got exparte divorce from 1st husband a year after my second marriage)  After a year we reconciled and kept meeting without parents knowledge. I insisted on taking a home and living together. He started his abuse, name calling and humilation again when i insist on using his name in official records or mutual consent divorce and calls my office and relatives degrading me. I have reached a stage where i cant take it anymore and i can lead my life alone.KINDLY ADVISE SHOULD I GO FOR EXPARTE DIVORCE OR FILE TO NULLIFY VOID MARRIAGE IN COURT OR LEAVE IT AND PROCEED WITH MY LIFE.









 7 Replies

A walk alone (-)     15 July 2016

You can leave it and you can proceed in your life. Your second marriage is void. as you got divorce from first husband after 1 year of your second marriage . Just try to forget second marriage as bad dream.

Mukesh sharma (job )     15 July 2016

Hi Laxmi if you got divorce and amrried to another and live happy married life than why you thinking about past 

leave it here 


Vibha   15 July 2016

Your second marriage is null and void ab initio. You do not need any court order to nullify it. 

Please proceed with your life as a single woman.

1 Like

Sandhya Srinivas (Advocate & Legal consultant)     16 July 2016

Dear Lakshmi

As you already got an answer to your problem from experts. You are in safer side legally. Just leave it to the time and start enjoying your life. Let your second husband approach to the court if he needs divorce. Just focus on your career and be a successful woman. 

1 Like

lakshmi (admin)     16 July 2016

Thank you one and all for ur advice, I understand from ur advice that my second marriage is void and I do not need court orders to nullify it But how do I refrain him from contacting me or any one around me. When I dont pick his call or argue, he cals my office landline n abuse people there. He introduces himself as my second husband. He doesnt stop with this, he makes blank calls to my parents at 3 at nite, then to my sisters n relatives. ..literally every one contact he has. His intention is to create fear n degrade humilate me. Pls advice. I thot divorce or any order would give us closure.

Vibha   16 July 2016

  1. Your second husband can come after you in courts for marrying him illegally. It is better if you can come to some form of closure with him on mutual terms. He too can move forward with life without any litigation.
  2. His behavior is not acceptable. You can warn him to not harass you else you will have to approach the police.

A walk alone (-)     16 July 2016

First record all his calls and save his miss call in auto call recorder . With the help of above evidence file police complain against him.

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