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(Guest)

Husband wife seeks nullity of marriage mumbai family court

I and my wife want nullity of marriage. This is 2nd marriage of both of us, however she has divorce decree obtained from court out of her first marriage in 2012. I do not have divorce decree obtained from court out of my first marriage ( i have divorce deed on rs 100 stamp paper ). I got first time married in 2009 and immediately got divorced ofter 22 days on Rs 100 stamp paper in 2009. Then I got married 2nd time in 2013 thinking my first divorce is valid. When my 2nd wife challenged in Mumbai family court that my 2nd marriage is not valid in the eyes of law as I do not have divorce decree obtained out of first marriage, I immediately contacted my first wife for divorce from court, however we got divorce ( first marriage divorce from court ) in sept 2018 as we filed in feb 2018. Then how can my 2nd marriage in dec 2013 can be valid in eyes of law ? Now I and my 2nd wife - both wants null n void and praying to court submitting my first marriage certificate in 2009, divorce decree in 2018.

  Judge is hesitant to pass nulity order and insisting us to convert the same into 13B. How can we convert it into 13B as 2nd marriage is not valid. We compulsory need null n void of marriage. Judge has to be convinced

 


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 11 Replies

Shashi Dhara   01 December 2018

Both of u have not contact after 2nd marriage.divorce in stamp paper . And remarried.this is Ur problem.dont worry u have taken divorce from first marriage in 2018 for legal purpose only.it is quiet valid. U do one thing let ur 2nd wife file petition for divorce.u become placed exparty. Then court passes X party divorce.decree..u accept it

Shashi Dhara   01 December 2018

Both of u have not contact after 2nd marriage.divorce in stamp paper . And remarried.this is Ur problem.dont worry u have taken divorce from first marriage in 2018 for legal purpose only.it is quiet valid. U do one thing let ur 2nd wife file petition for divorce.u become placed exparty. Then court passes X party divorce.decree..u accept it

NSV VARA PRASAD   01 December 2018

As marriage is lika a contract, one party should be default in performing a contract, is necessary to dismantle the agreement.


(Guest)

but why to let my 2nd wife apply for 13 B ( regular divorce ) ? when 2nd marriage itself is not valid due to absence of divorce decree from 1st marriage. Why judge is not confident to pass nulity order. Both of our lawyers are arguing, but Judge is avoid to pass nulity order.

Suri.Sravan Kumar (senior)     01 December 2018

just follow the orders of the judge who is the ultimate authority to decide your case.


(Guest)

we are fighting since last 5 years. Judge is wasting our time as he is not taking any decision. 

Suri.Sravan Kumar (senior)     01 December 2018

I dont agree with you that judge is wasting your time. Infact you are wasting the court's time. Atleast you follow now what the judge say.


(Guest)

He is not able to take decision. Does it take 5 years to take decision ? Such a slow / useless / pathetic law system ? I am not able to move ahead in life due to no judgement after 5 years battle in court. We have submitted all proofs, arguments everything is done.

Suri.Sravan Kumar (senior)     01 December 2018

Then pray god to get the decision soon

sandipvarma (Lawyer)     01 December 2018

After the court declares your marriage null and void will you remarry her? Why do you bother if u dont as your 2nd marriage is  not valid,


(Guest)

I want nullity order as I am technically right. I can not apply for divorce with 2nd wife as it is not valid marriage. How to convince judge ?


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