Fraud marriage of Married man

Where is he?

India or abroad?

I am not a lawyer.So don't know too well.But I think your can check from marriage registrar office of the city where he has his home in India.They can tell if he was married.

Or hire a detective if you can afford.Ask him to cllect valid proofs that come handy when you go to court.

He is in India. I'm abroad.

His wife and in laws found out about his marriage somehow and they called me. He was also there and said "it was a mistake" ???????

If he was married  at the time of the marriage, than mine was a valid marriage?

No it's null and void

How can an adult make a mistake?

Good that you are acting responsibly and taking legal advice,rather than sticking to this sh*t person.

I don't know much,but I am sure you can file a case against him for fraud.Wait for legal experts to advise.

If legal experts can advise...

what kind of legal document I require? Do I have to get his marriage certificate? or how to request legal documents in court? Should it be In India?

Yes,  legally I was not married. However, just to be on the safe side, I think I would obtain some kind of legal document or written opinion from a lawyer. Just so that you have something to pull out of my files on the off chance this ever comes up in the future and I have to prove the marriage wasn't legal.

 

To obtain the copy of the marriage certificate you can apply for a certified copy of the marriage certificate under the right to information act before the concerned Marriage Officer. After obtaining the said copy you should immediately lodge an FIr in the police station in this regard and also file a case for divorce.

Dear S.P.,

If the first marriage is valid and it was solemnied in accordance with the procedure prescribed by law (and this marriage also was registered and had registration certificate), then your marriage was a second marriage and it is void.  If you want to severe this marriage relationship, then you have to file a petition under Section 11 of Hindu Marriage Act seeking the marriage as null and void as it violates Section 5(1) of the Act.  It is not divorce.  The null and void marriages cannot be dissolved by decree of divorce.  After order is passed declaring your marriage as null and void, you are put in the same position as you were earlier to the marriage and is entitled to go for another marriage legally.  For proving your marriage void, you have to produce his first marriage certificate or sufficient oral evidence to prove that marriage and also have to produce your marriage certificate.  It is civil remedy. 

In addition to this, if you feel you are cheated, you can file appropriate police complant and can pursue criminal case against him.

Your petition under Hindu Marriage Act can be filed eitther from the place where your marriage was solemnized or where you both resided together in matrimonial relationship or where he resides and finally where you reside at the time of filing the petition (if you are in India).

Hope, I clarified all the doubts.  I reiterate the remedy what you should seek is "dissolving the marriage by the decree of nullity"  under Section 11 and NOT DIVORCE DECREE under Section 13 of the Act.

Warm Regards, 

THE SECOND MARRIAGE IS VOID AND PUNISHABLE U/S 494 OF IPC.

494. Marrying again during lifetime of husband or wife. 494. 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. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

Thank you very much.

I'm abroad, Do i have to be in India to file for annulement or I can hire a lawyer from here?

sp,

in your case your marriage is null and void "ab initio" ie. from starting your marrige is null and void.

so you niether need any dicorce nor any decleration from court in this regard.

for teaching him lesson you can file a case against him u/s 493 and 495 of IPC

explaination of these sec has been given by Mr. Arup

Good Luck

Dear S.P.,

While staying abroad, you can file annulment petition.  For that you have to execute a power of attorney in favour of a near relative, who can protect your interest and knows the facts of the case.  This power of attorney has to be duly executed and attested by the designated official of embassy/counsel, where you are staying.  Every embassy/consul has assigned an officer for this particular purpose of attesting the documents.  You engage an advocate of India, where you want to file the case and send your power of attorney and vakalatnama to the person to the person in whom power of attorney is executed with appropriate instructions.  The advocate with the assistance of power of attorney file the case in your absence.  If it is required, you may have to come before the court for giving evidence in the middle of the case, say for 2 to 3 dates.  The rest of the proceedings can be done in your absence.

warm regards, 

Mr. Pranjal Srivastava,

May I differ with your view point?  For null and void marriage, court's declaration is must.  I quote the relevant part in Section 11 of Hindu Marriage Act.

11.  Any marriage solemnized after the commence of this Act shall be null and void and may, ON A PETITION PRESENTED BY EITHER PARTY THERETO (AGAINST THE OTHER PARTY), BE SO DECLARED BY A DECREE OF NULLITY if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.

Emphasise is mine.

A party suo-motu cannot declare that his/her marriage is null and void and cannot go for second marriage on that belief.  The court's decree to such an extent is must. 

Hope you will acknowledge.

Mr. Pranjal Srivastava,

May I differ with your view point?  For null and void marriage, court's declaration is must.  I quote the relevant part in Section 11 of Hindu Marriage Act.

11.  Any marriage solemnized after the commence of this Act shall be null and void and may, ON A PETITION PRESENTED BY EITHER PARTY THERETO (AGAINST THE OTHER PARTY), BE SO DECLARED BY A DECREE OF NULLITY if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.

Emphasise is mine.

A party suo-motu cannot declare that his/her marriage is null and void and cannot go for second marriage on that belief.  The court's decree to such an extent is must. 

Hope you will acknowledge.