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nabneet (ad)     18 July 2012

Divorce

one of my friend (girl) get married on 2004, after 1 year she came to know about her husband first marraige .

his first marraige was in 2003, now by any means the 1st wife cames to know about 2nd wife and get divorce in 2008.

1. is the 2nd marraige is valid ? 

now 2nd wife started living away from his husband , but any how under family pressure to sort out the things she stayed with her husband in 2010 for 1 year . but it does not works . now she does nt wanted to live with him at all

 

2. is divorce required ? or any other declaration ?

 



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 July 2012

The marriage is void if it was solomnized during the valid subsisting first marriage of the husband. Your wife can obtain a decree of nullity from the court.

1 Like

nabneet (ad)     18 July 2012

Ma'am,

Thanks for the response!

can u please guide me through the procedure to obtain the degree of nulity , so that my friend can proceed accordingly?

 

 

 

 

Adv Archana Deshmukh (Practicing Advocate)     18 July 2012

Contact a local lawyer and file a petition u/s 11 of the Hindu Marriage Act in the court. Your friend will have to prove in the court that her husband was already married at the time of her marriage. When it is proved, the court will grant a decree of nullity declaring her marriage null and void.

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