How to cancel marriage certificate with mutual concent?
If a girl without devorce got second married then what will be the boy's ground. What should he do for this?
Good evening,
We are sorry to hear your troubles, and we sincerely hope everything gets better soon.
Mutual consent divorce is an option when both the parties of the marriage want to have an agreeable separation, where each of them wants a peaceful divorce. It can't be applied in the first year of marriage. You both can apply for a mutual divorce, and such a divorce will be granted after six (6) months of application. The six (6) months is given as a cooling off period, in case one, or both the partners want to withdraw their divorce request, and settle their issues. If the application is not withdrawn by either of the parties in the six months time, then after the time period, the Family Court will grant the divorce.
Read more about mutual divorce here: https://www.lawyersclubindia.com/forum/mutual-divorce-215340.asp
To answer your next question, a person can not marry any other person without getting a divorce from their current marriage. According to Section 494 of the Indian Penal Code (IPC), "Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine."
Section 17 of the Hindu Marriage Act, 1955 also talks about Punishment of Bigamy.
This simply means this that, in your case, if a married girl marries any other man, then such that marriage will be considered void, and the girl will be imprisoned for seven years, and will have to pay a fine. The husband of the girl can file a complaint against the girl, as the aggrieved party in the marriage, and can also seek for divorce on the grounds of bigamy.
Hope this helps!
Regards,
Nandini
