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(Guest)

@ Querist,

 

Your marriage is a void marriage if his first wife is still alive and he is not been divorced from her ex.

 

To get relief from this fraud relationship you have to collect the evidences of his first marriage and put infront of the court for justice.

 

Even now you can marry afresh but to avoid any legal entagles you have to clear the very root and proceed safely.

 

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     23 September 2013

Pursuant to Section 5 of the Hindu Marriage Act, 1955, the very basic Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if neither party has a spouse living at the time of the marriage.

In the light of aforesaid provision, you are not liable for divorce. But you should take certain appropriate legal remedies & precautionary measures. 

For more information please feel free to email/ contact the undersigned.


csgouravkhatri@gmail.com/

99587 98699

renu (consultant)     23 September 2013

Thanks, i have his all documents. he got divorced after 2 years of our marriage. Now what type of legal implications are required or documents needs to be signed, please suggest


(Guest)

I differ from my above post,

Reasoning:

1. As per your second post as under:

Thanks, i have his all documents. he got divorced after 2 years of our marriage. Now what type of legal implications are required or documents needs to be signed, please suggest

 

Advice: Never put half query in initial post which is the main query.

 

Now come to My opinion:

 

1. Your marriage is consumated even after knowing the truth as per your statement he was divorced after 2 years wheras you got married before 2.5 years.

 

2. You have not filed any Breach ot trust or any voidable case under sec 12ic HMA 1955 after knowing the facts.

 

3. In your second query also it is not cleared that from which date you come to know that he was married earier.

 

4. You still living under the same roof and mainatining the domestic relationship with him.

 

So,in my opinion in context of your revealing post by post it is not an undoubtful ground to get relief by him,as divorce through this circumstances is not easy.

 

Remedies:

 

1.  If the time of fraudulent is known by you within one year of marriage and you marriage were not consumated then it could have been a ground of nul and void marriage.

2. Now, also after knowing the truth if one year has not crossed and since then you have stopped cohabitation with him,then you can proceed with 12ic HMA for divorce,but again with stringent proof and evidences.

 

3. If you are hell bent to rid off from this relationship,then make other grounds of mental cruelities like he drunkyard,womanizer,not supporting financialy,abusive and whatever the truth prevails and go for 13ia HMA .


4. If you are working women and living with him is like a hell then get seperated and make his mental cruelity as a ground of desertion with undoubtful proofs and evidences.


5. Go and discuss with a capable lawyer who could argue your case and deliver the victory with precise evidences and proofs.


Best of luck.

1 Like

Saurabh..V (Law Consultant)     23 September 2013

@Author. You have stated that you got married to a man who at the time of your marriage was married to another woman. In this regard your marriage was not a valid marriage. Hence, even if subsequently your husband got divorced and you continued to live with him, your marriage continues to be an illegal marriage. At most you could have said to be living in "live-in" relationship but there is no marriage subsisting between you and your so called husband. In this condition, you have to move a District Court with a petition for "Nullity" based on the facts of the case. If you need professional support, feel free to send PM. I'm from Delhi. //peace /Saurabh..V

Samir N (General Queries) (Business)     23 September 2013

I am not an advocate but I think that I know more on Family Law, DV, 498, maintenance, etc. than most advocates do as I argued my case, in person (Pro Se), i.e. with no advocate in all my cases and appeals and won. With this disclaimer, here is my advice: I agree with Saurabhji that your marriage is void or voidable. There are differences in these terms but I think it was void ab initio (legal term to impress you -:) ) which means you do not have to take any step to make it void as it was void from the start. So, that takes care of your main question. Next, based upon the facts of this case, it appears that the two of you are what is erroneously referred to these days as a "modern" couple. You probably just want to move on to the next man and he, most likely, wants to move in with the next live-in partner. Given your moral values, or the lack thereof, just forget him, dump him and find another Bakra. You do not need any legal advice. There is no marriage to be voided. If he harasses you, file a police complaint. Do not bother to file DV, 498a or other such cases because then it will become difficult for you to trap another Bakra. If the next Bakra finds out that you have a tendency to file such cases, he will avoid any relationship, let alone marriage. Also, it will help if the next Bakra is also already married because if you do not like him, you can move on to yet another one without any complications. But make sure that this time the Bakra is rich so you can save your salary and demand very high maintenance just in case there is a delay in getting the third or is it the fourth Bakra. You most certainly knew that he was married and was going through Divorce. You did not think about what his wife must have been going through while you were sleeping with him. You had your fun. Now... Karma, it always comes back to haunt. Lady, wake up, smarten up, stick to Indian tradition... Thats the ultimate in sophistication.

Ranee....... (NA)     23 September 2013

Renu, you helped him spoiling his first wife's life.Now you have got the result.Now he has no money, so you don't need him anymore and thinking of getting married to another man.You could consult doctors and try to make him stop taking alcohol.You are a cheat lady.You take the advantage of your void marriage now.

498aindian (other)     23 September 2013

Mr.Sufferer has rightly adviced you and gud point added by Mr.Raj123 for your case.Your marriage is very hard to be converted into liv in relationship as the judge sitting there is not a fool and your husband is not a silent creature who will accept your all allegations and make this marriage as simple liv in relationship..lol for those who are saying this. You have consummed with him after knowing the truth from him that itself count as a final nod for your consummation of marriage after his divorce.Better consult a good lawyer you will definately come out from this.

Shantanu Wavhal (Worker)     23 September 2013

11. Void marriages. - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of Section 5". Clause (i) of Section 5 lays down, for a lawful marriage, the necessary condition that neither party should have a spouse living at the time of the marriage. A marriage in contravention of this condition, therefore, is null and void. By reason of the overriding effect of the Marriage Act as mentioned in section 4, no aid can be taken of the earlier Hindu law or any custom or usage as a part of that law inconsistent with any provision of the Act. So far as Section 12 is concerned, it is confined to other categories of marriages and is not applicable to one solemnised in violation of Section 5(i) of the Act. Sub-section (2) of Section 12 puts further restrictions on such a right. The cases covered by this section are not void ab initio, and unless all the conditions mentioned therein are fulfilled and the aggrieved party exercises the right to avoid it, the same continues to be effective. The marriages covered by Section 11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. Although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formal declaration from a court in a proceeding specifically commenced for the purpose. The provisions of Section 16, which is quoted below, also throw light on this aspect : Supreme Court of India M.M. Malhotra vs Union Of India And Ors on 4 October, 2005

Shantanu Wavhal (Worker)     23 September 2013

in ur case, divorce is not applicable. valid marriage is a condition precedent for divorce, which is absent here. u have to file sec. 11 - HMA. declaration through sec. 11 is not mandatory, but advisable to avoid future problems. u r not entitled to the property of ur VOID husband - only u can claim maintenance for urself & child (if any)

Shantanu Wavhal (Worker)     23 September 2013

u can prosecute him - IPC 494 and also 495 if the fact of his previous marriage was hidden from you.

Adv. Chandrasekhar (Advocate)     23 September 2013

Your marriage with him is void and legally not tenable. But important question raises in your case is that in such null and void marriages, is there any necessity for the aggrieved party to approach the court and get a decree of nullity or as it is void marriage, no such declaration is not required from the court and simply the aggrieved party forgets about his/her void marriage and move on in life. There are judgements saying that in null and void marriage, a decree (you may read it order)is not required declaring the marriage as null and void, but some judgments suggest that to AVOID ANY FUTURE COMPLICATIONS THOSE MAY BE CREATED BY THE OTHER PARTY(in your case your present husband, a decree from the competent court is advisable. I also suggest you to file a case for the decree of nullity from the competent court by placing sufficient documents about his first marriage before the court.

(Guest)

In this particular case neither sec 11 HMa will applicable nor 12 HMA .


Reasoning:


1. For sec 11 hma the petitioner has to inform the court within one year of time frame which is well passed to make it void.


2. In sec 12 also the the fact's has not been brought infront of the court since from the day when it was known by the would be petitioner/wife.


As here the tennure mention by wife is 2.5 years of marriage so no question of void marriage as time has lapsed to produce the material facts, since then the wife is consumming the marriage with well verged concent. and for making it as voidable marriage via 12ic i.e suppression of material facts prior to marriage can be a ground,but again it is in dark and very tough job to produce the evident that from this date the wife has stopped cohabiting with her husband since she has discovered the truth/matterial facts and that goes upto max one year for declaration and brought into the eye of court.


Hence,it depend's on her stringent evidences and a smart lawyer to make this marriage as voidable marriage and not void marriage. I repeat why beacuze the marriage is well verged consumated by the couple under same roof on the account of marriage done by whatever way's and whole society knows this,her husband would easily claim this.So,here the question of liv-in doesn't arrise.


If not prooved then only option left to her to choose ground of mental cruelity and desertion if she remains seperated for the cause of mental harassment/cruelity given by husband.

1 Like

T. Kalaiselvan, Advocate (Advocate)     23 September 2013

Mr. Samir has rightly pointed that the marriage is ab-initio void, hence no legal action can sustain except a criminal case u/s 420 for forcing you for consensual s*x on the basis of a false marriage by suppressing the material fact of subsisting marriage at the time of marrying you, however if it is proved that you were aware of his subsisting marriage,your case may backfire, best thing is leave his company and look for your life all alone

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