Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jay   26 July 2016

How to make a marriage invalid?

I married a girl who already divorced and had 2 kids, I done register marriage , but after now 5 years those kids not ready to live with me , so her mother / my wife also left me and gone. Her first husband is a muslim and these kids are born muslims, but she is a hindhu, from the 1st husband she was divorced by wriiten document in bond paper. Then I married her. But in that bond paper her name is muslim name but she is hindu, her original hindu name is differnet, now can I declare my marriage with her is invalid by legal rules. Is that possible ? please suggest. If yes what is the process and how long it takes?



Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     27 July 2016

Name difference is not sufficient  to declare the marriage null and valid. If u share more details of it then we can guide you.

jay   28 July 2016

I can explain you. She is a Hindu, if she married a Muslim guy she should change as Muslim and to get married, because in kids dob certificate her name is in Muslim. OK I assume she converted to Muslim after first marriage. Same way when separation from him she is converted Muslim, so they broke the marriage by a mosque saying talak and both signed in bond paper. Then we got married, if she has to marry me again she has to convert into Hindu know? Without converting to Hindu from as a converted Muslim if she do marriage by her birth name, it is like not legal, so can I say my registered marriage with her as per Hindu marriage act is not valid. Is this work out ?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 August 2016

once a marriage is registered, the concern court only is having authority.


(Guest)

You are trying to mould the facts. There is no need for that. As she has deserted you may simply file a divorce on that ground.

Regards,

Rit Arora

Advocate 

7838737001

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     13 September 2016

first of all since ealier marriage was not legally disolved so your marriage even regd is not legal.

If she is gone you can forget if there are any claims by her you can apply for auulment and not dirorce.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register