My client is a hindu husband. He married a woman. Later he came to know that the said woman being his wife already got married with a man and subsequently separated from him by a deed and not divorce decree.
Therefore my client filed case for nullity of marriage with the said woman. During the course of proceedings she stated that the 1st marriage itself is void one, because her 1st husband already had one wife as his 1st wife. Therefore her marriage with 1st husband is automatically void. Hence she submitted that she need not get divorce decree from court. Under these circumstance she alleges that her (2nd) with my client is valid one and therefore my client is not entitled for nullity of marriage.
Is her argument correct ? A void 1st marriage will automatically validate the 2nd marriage? She neither obtained nullity decree nor divorce decree from her 1st husband.
Kindly clarify on this peculiar point.