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Shantanu Wavhal (Worker)     11 November 2011

Proof of 1st marriage

 

A marriage contravenes clause (i) of section 5 of Hindu marriage act, 1995 (i.e. - First Spouse living at the time of 2nd marriage)

1) The present wife has separated from her 1st husband using a divorce deed at sub-registrar and NOT using a Decree of divorce issued by any court.

2) The present husband has separated from his 1st wife using a Decree of divorce issued by family court.

 

QUESTION:

To get an annulment decree and charge the wife for bigamy, 

 

If (during the court proceedings) the wife denies her first marriage, 

 

1) Does the 2nd husband has to prove the accomplishment of marriage ceremonies or anything else ?

 

2) Is the registered divorce deed sufficient to prove her 1st marriage ?

 

kindly enlighten.

 

By the way sincere thanx to all the members who have guided me in this regard till now.



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 November 2011

yes the divorce deed is valid proof to proved first marriage. according to law there is no provision about divorce deed without divorce decree the second marriage is abinitio void.

feel free to call

1 Like

Advocate/CS Sanjeev Kataria ( Advocate)     11 November 2011

Gernerally it happened that in case of any matrimonial dispute, parties go for divorece deed and marry after that .one thing should be borne in mind that only appropriate court is authorised to grant decree of divorce, if the same has not been taken from the court, then second marriage is void ab-initio. 

1 Like

Rajeev Kumar (Lawyer/Advocate)     11 November 2011

Yes i do agree with Nadeem and Sanjeev
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

No reason to differ :-)

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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