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srishti banerjee (N/A)     04 December 2011

I really need to know

Hello everyone,

I need some help here,

15years old girl 20 year old boy got married. After 6years of marriage had a boy child, and after a year they have been separated (Not Judicial separation), there is no proof of marriage other than the pictures of social marriage. After 20 years of separation does the marriage still exists in legal way? If the man want to remarry another women by court marriage without divorce the first wife which marriage will be legal?

Thank you

Srishti



Learning

 9 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 December 2011

Dear Sristhi

the Court Marriage is void ab initio due to living spouse from first marriage, & without getting divorce decree.

1 Like

sridhar pasumarthy (ADVOCATE)     04 December 2011

Dear Banerjee,

What do you mean by the word "court marriage"

Unless and until the first marriage is nullified by a competent court of law, neither of the spouses can remarry.

1 Like

Manoj Choudhary (Advocate)     04 December 2011

Person can not remarry untill unless his/her first spouse is living and he/she has to get divorce. If he do so, he sould be ready to be prosecuted under section 494 IPC.. (the pictures of social marriage.) are sufficient proof to prove first marriage..

1 Like

Shantanu Wavhal (Worker)     04 December 2011

 

15years old girl 20 year old boy got married.

this marriage is void - ab - initio as girl was underage.

 

After 6years of marriage had a boy child, and after a year they have been separated

representation of husband-wife relation & child birth through such relation establishes marriage-like relations = marriage.

 

After 20 years of separation does the marriage still exists in legal way?

yes.

 

If the man want to remarry another women .... ??

first he has to obtain decree of nullity / divorce from a competent court only. No subregistrar deed / notarized agreement will serve the purpose.

 

otherwise second marriage will be treated bigamy. (severe punishment if proven)

 

Thank you

mention not

 

Srishti

1 Like

Shantanu Wavhal (Worker)     04 December 2011

pl. also refer child marriage provisions, of which i m not so sure.

sridhar pasumarthy (ADVOCATE)     04 December 2011

Dear Banerjee,

I disagree with Amit with one aspect.

According to Section 5(iii) of Hindu Marriage Act, the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of the marriage.  Even if the said condition is contravened, it is neither void nor voidable marriage.

But boy can be punished for a maximum period of 15 days imprisonment or with a maximum fine of thousand rupees or with both. 

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     05 December 2011

Marriage was accepted, at their age of 18-21, & contnue consming, ratified, so is a legal marriage, having child. 

2nd marriage is no marriage at all. at the  most concubine. 

1 Like

Shailesh Kr. Shah (Advocate)     11 December 2011

without divroce, you should not remarry.

srishti banerjee (N/A)     09 January 2012

A Hindu Indian girl and a Muslim Pakistani boy want to get married. What are the procedures in the both way of marriage, nikah and special marriage act. What formalities and documents do they need for it? Could they get married in other state in India other than where she lives? If yes then what are the rules?

If some one can help!

Thank you


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