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vinay   09 September 2017

How to stay a marriage which is formed out of extra marital

Respected Lawyer,

Can you please let know if a marriage can be stay which was formed out of extra-martital affair? If yes can anybody stay the marriage or only the ex-husband can stay the marriage? 

Please advise on the associated ACT's related to this.

Thank you,

Vinay



Learning

 5 Replies

Kumar Doab (FIN)     09 September 2017

Annulment of Marriage;

Bigamy - If either spouse was still legally married to another person at the time of the marriage then the marriage is void

Kumar Doab (FIN)     09 September 2017

Central Government Act

Section 5 in The Hindu Marriage Act, 1955

5 Conditions for a Hindu marriage. —A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—

(i) neither party has a spouse living at the time of the marriage;

11 Void marriages. 

12 Voidable marriages 

 

https://indiankanoon.org/doc/635068/

https://lawcommissionofindia.nic.in/51-100/report71.pdf

https://indiankanoon.org/doc/1243269/

https://indiankanoon.org/doc/368948/

Kumar Doab (FIN)     09 September 2017

For related citations and illsutartions go thru threads on similar queries thru SEARCH option, Articles, news, Files, judgments sections at LCI......... 

Radha Krishna   10 September 2017

You want divorce?

Raveena Kataria (Advocate )     12 September 2017

Hi, your question is a bit unclear, but note, for a marriage to be legally valid it must have been performed strictly as per the provisions of, say, the Hindu Marriage Act (section 7- essential ceremonies for solemnization of marriage, as well as its other necessary provisions as rightly laid down by Kumar Doab above) or the Special Marriage Act and so on. In this case, if marriage was performed as such by a spouse during the subsistence of his or her first marriage, he or she shall be liable u/s 494 of the IPC.

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