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Sunny   22 May 2019

Annullment of marriage

Its my second marriage at the age of 44. I have a daughter of 14 years. Because of our differences, her attitude and indifference towards my daughter, i cannot continue marriage. We got married in February 19. At the time of marriage, she was already married but in the process of getting divorced. It is still pending. As i understand its ab initio void marriage and i can file decree to annull marriage. My question is How much time it takes generally in india or punjab? Can she use delay tactics like many women in india use in divorce cases and delay it? Can she ask for maintenance? Can she contest it?


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 3 Replies

Divya Vijayan   16 April 2022

One cannot remarry until and unless they are divorced from their spouses and that does not occur until the date of the judgment. If one gets married during the pendency of their divorce, then the second marriage cannot be legally valid.

Although the SC ruled that if both parties from first marriage have amicably parted but case pending in court, then second marriage still valid. A marriage can be annulled only when the law concludes that your marriage was "void" or "voidable." If the court finds the marriage void then there is no need for maintenance.

Shweta   16 April 2022

Hey Divya, 

Could you please cite the name of the SC case? 

Thanks!

Divya Vijayan   16 April 2022

One cannot remarry until and unless they are divorced from their spouses and that does not occur until the date of the judgment. If one gets married during the pendency of their divorce, then the second marriage cannot be legally valid. In Krishnaveni Rai vs. Pankaj Rai & Anr., the SC ruled that if both parties from first marriage have amicably parted but case pending in court, then second marriage still valid. A marriage can be annulled only when the law concludes that your marriage was "void" or "voidable." If the court finds the marriage void then there is no need for maintenance.


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