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Sameer12345 (SSE)     24 January 2017

Divorce in void marriage (second marriage)

A person who did not take divorce from first marriage and married second time.

Now a person filed a petition of divorce under section 13 of HMA. 

How is it possible that when marriage is void and court may/can/will/shall passes the decree of divorce?

Is there any judgement related to such facts of the case when petition under section 13 of HMA dismissed because such bigamous marriage covered by Section 11? 

Please share judgement of similar facts metioned above


 3 Replies

Mukesh sharma (job )     25 January 2017

Hi sameer if person doing second marriage without giving divorce to one than his second marriage not valid in law so he could not go in court for his second marriage coz second marriage no ground in law 


Suneet Gupta (     26 January 2017

Autohide4u is correct. We can provide guidance but are not a free search service. Please consult a Lawyer or online search for citations.

Suneet Gupta (     26 January 2017

And incidentally, even if the second marriage is null and void, it is advisable to obtain a Decree of Nullity from the appropriate Court.

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