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Shantanu Wavhal (Worker)     12 November 2011

How long will it take to get an annulment decree ?

 

A marriage contravenes clause (i) of section 5 of Hindu marriage act, 1995 (i.e. - First Spouse living at the time of 2nd marriage)

1) The present wife has separated from her 1st husband using a divorce deed at sub-registrar and NOT using a Decree of divorce issued by any court.

2) The present husband has separated from his 1st wife using a Decree of divorce issued by family court.

 

QUESTION:

How long will it take to get an annulment decree ?



Learning

 7 Replies

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     13 November 2011

IT DEPENDS UPON THE WORKING OF THE COURT & CAPABILITY OF LAWYER.

Jamai Of Law (propra)     13 November 2011

What I understand from your narrations is that  .....

 

 

A Hindu woman (who was previously married previoously and separared from her husband but thereisn't a legal divorce decree from courts .......... i.e. she is not a divorcee yet and her marriage still legally subsists)  .....

got married to ...............................

A hindu man (who is a divorcee  vide a legal decee of divorce. )

 

 

Above marriage is void ab initio ............. it has no standing in the eyes of law

 

In fact wife has committed bugamy which is an offence in hindu law.

 

Above cases are decides in max two-three hearings.

 

 

Since above marriage is void ab initio ..................... If hindu man in abive marries immediately to another woman (not currently married) it would be legal!!!! ........... that man doesn't even have to wait !!!!!  But its better to wait for two-three hearing to sort out this above mess.

 

 

In above case wife can't even drag prolong the case .......... it is a crystal clear case ........................ she can't even enforce and injuction also if man declares that is is marrying to another woman legally !!!

 

1 Like

Shantanu Wavhal (Worker)     13 November 2011

 

To : Jamai of Law

ya ! 

ur interpretation of my situation is correct.

thanx for your help

Shantilal Pandya ( Advocate)     11 February 2012

Dear gentlemen !

 if the wife  saperated form her  former husband   through  customery  divorce  ie, if  a  custom  among the parties  community  pemits  such  a  divorce  without  obtaining  a  decree from  court  ,  the  divorce is  perfectly  valid ,  it  will  depand upon   such  a  custom  being  prevailent  among their  community ,,  such  divorce  are saved  by the Hindu Marriage  act ,      and in  such  cirmustance  it  will be  risky   for husband  to  to  marry again  without waiting  for    decision 

1 Like

Shantilal Pandya ( Advocate)     11 February 2012

 A deed of  divorce may  operate as  a valid   divorce  in the  circumstances  stated above  by me 

1 Like

Shantanu Wavhal (Worker)     11 February 2012

there is no judicially recognized custom of divorce in the community of wife & her first husband.

Shantilal Pandya ( Advocate)     11 February 2012

 Please look at  section 29(2)  of the hindu marriage  act  where  customary  divorce is  saved  from operation of the  the divorce proceeding  under  hindu marriage  act   whether  or not   the  customery divoce is  judicially  recognised  or  not  will be   an  issue in the   case ,  if  the  issue  is   previously  decided   will also  be  a  question  to be  decided  yet .

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