Fraud marriage of Married man

"Null and Void marraige is null and void ab initio and not need a decree of so. If a court passes a decree it only declares that the marriage is null and void, not it makes the marriage null and void."

 Leela vs Laxmi  1968 Allhabad Law Journ. 683

"Parties of Null and Void marriage can ignore their marriage and can remarriage but in voidable marriage parties can not do so until and unless they can get the decree ."

Krishna devi vs Tulsa AIR 1972 305

Thanks Mr. Pranjal for correcting me.

Ms SP,

please excuse me it is wrong to say that, you may apply against him u/s sec 494 because the lucus standi is for legal wife not you.

but you may apply u/s 493 of ipc, for which you  have the lucaus standi under crpc, which reads as bellow.

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.--Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have s*xual intercourse with him in that belief, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

reg 'null & void, mr pranjal is more correct.

it is yr option (MS. SP) whether you want a court's declaration or not

a null and void marriage is null and void in it's very begining.

A couple of points I want to make:  The main question that was considered in Krishna Devi Vs. Tulsa is that if one of the spouses died, whether the other living spouse has got a right to get a declaration of nullity from the court under Section 11 of the Act or the right extinguishes with the death of the one of the spouses.  I quote the first paragraph of the judgment:

"the only question that arises for consideration is as to whether a petition under Section 11 of the Hindu Marriage Act, can be filed after the death of either of the two spouses or not."

But while passing the judgment, the hon'ble court presided by a single judge alsoi held as follows at para 6 of the judgment:

"It is, however, up to the parties to seek a declaration of nullity under Section 11 of the Act for the purpose of record or for avoiding future complications. It is competent to the parties whose marriage is null and void on any of the grounds mentioned in Section 5 of the Act to enter into another marriage with any other person at any time by completely ignoring the factum of the earlier marriage. The marriage which is void ab initio does not give rise to any rights and obligations between the parties which arise from a valid marriage."

What are the future complications the hon'ble court is referring to.  It may be that, that one of the parties to the marriage may not treat it as void marriage and treat it valid marriage.  For example, if the author of this thread treats her marriage as null and void and without seeking the court's declaration goes on for another marriage.  Her first husband, according to her, a cheat and committed fraud against her in respect of first marriage. After her second marriage, he may blackmail her of revealing her marriage with him to her second husband; or he may approach the court putting the allegation  of bigamy against the author, saying that his first marriage was not a marriage at all and was not solemnized in accordance with the customs or he may deny the factum of his first marriage itself. He is the culprit but before court, he presents himself as victim and make the author as accused. The person who committed fraud through internet might be having malicious thoughts.  To avoid such future complications, it is advisable for the author to take a legal remedy of obtaining a decree of nullity from the competent court of law for peaceful and happy future.

I attach the above said case for the ready reference of the readers.

With this post, I put my case at rest.

Please follow Prabhakarji's advice in absolute terms. He has absolutely clarified it. You have two courses: (1) Get your marriage declared void under sec. 11, 5(1) of Hindu Marriage Act. You don't need to take divorce under sec. 13 of HMA. (2) Can book him under IPC 494, 495 for bigamy.

Thank you all.

To get your marriage declared void under sec. 11, 5(1) of Hindu Marriage Act, I need his curret marriage certificate. His inlaws were agreed to send me certificate but now hesitant and afraid that his son-in-law will be in legal trouble.

First I have to file complaint and get his marriage certificate under "Right of information Act" and than file a petition to declare my marriage void under sc. 11?

Hello

Does it take more than 3 years to get  marriage declared void under sec. 11, 5(1) of Hindu Marriage Act. And I have to be present in India?

First I have to file complaint and get his marriage certificate under "Right of information Act"

UNISH THE

---   YOU MUST HAVE ONE COPY OF MARRIAGE CERTIFICATE. WHERE IT IS?

WHAT IS YOUR PRIORITY, DECLAREING THE MARRIAGE VOID OR PUNISH THE MAN CHEATED YOU?

for void, you also have to prove the first marriage of the man. then only your marriage will be considered as second.

My priority is declaring marriage void.

I have original and copy of our marriage certificate.

His in laws said they'll give me his and his wife's marriage certificate but nothing yet...I'm keep following up

His in laws said they'll give me his and his wife's marriage certificate but nothing yet...

---   that means they are not giving.

you require his address; proof of his first marriage.

without these you could not proceed. if you have bot then proceed.

another way is to file a divorce case at  usa/ uk where you presently staying. as the marriage is void, the man could not do anyting.

@ the Author,

1. Are u Indian ?

2. Are u Hindu / Christian ?

3. Ur marriage took place as per Hindu rituals ??

Marriage between Hindu & Christian is void (if done as per Hindu rituals)