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Vikash Kumar (Home tutor)     06 February 2024

Is my marriage stands null and void?

To all respected learned member

Fact 1: my first marriage was held in 2012, which resulted in 498a, and ended by MCD and the final divorce decree was dated in 2019.

Fact 2: My second marriage was held in the year 2018 which was the cooling period (waiting period for the divorce).

Fact 3: my second wife stayed in her matrimonial house for 2 months and moved away to her own house, where she is staying till date, in 2018 only she declared through her jijaji, that she don’t want to continue her marriage that I am impotent and unable to make any child. No legal action was taken by either party till date.

Fact no 4: I did my 3rd marriage in the year April 2022, which was acknowledged by my second wife, now on June 2023, after one year of my third marriage she filed a divorce petition in the family court of her stay place, and in the mediation, she and her family is blackmailing me by asking 20 Lakh, which I am unable to pay.  


My question:

  1. “Can I make my second marriage NULL & VOID” on the ground that my 2nd marriage was held while being married to my first wife?
  2. what will happen to me if the court declares my second marriage null and void?
  3. Can I drag this issue to SC?   


 5 Replies

PSVNL Sai Kumar (Software Engineer)     06 February 2024

  1. Second marriage is void because of an existing marriage in place
  2. Nothing will happen. But your second wife will still be entitled for maintainance.
  3. No, you cannot drag it directly to SC.
1 Like

Vikash Kumar (Home tutor)     06 February 2024

Thanks for the reply sir, but No, so can I move the issue of null and void to SC, followed by session court- to HC- to SC at last? 
my above case in moving in hajaribagh family court, can I file my petition from my hometown  (Patna) or I have to move my petition for NULL and VOID from the same hazaribagh court? 

Shashi Dhara   06 February 2024

Engage drag expert advocate first deny second marriage let she prove it afterwards she proves next proceedings start.

PSVNL Sai Kumar (Software Engineer)     06 February 2024

Hey, just a correction. I wasnt able to update my previous response. So any marriage without a divorce or in pending state amounts to bigamy. It's illegal and leads to a punishment of upto 7 years or more.

The second marriage is void. But you are also liable for it.

Sudhir Kumar, Advocate (Advocate)     07 February 2024

  1. You did second marriage nowing it to be ilegal as you knoew you wee undivorced in 2018. An ideal case of fiing in rape matter.
  2. You must get out of the issue of second marriage and Rs 20 lakh does not appear to be much amount.
  3. even if second maraige is declaed null and void still you cannot be allowed to be benefitted by your own folly.

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