Dear Experts,
A Hindu husband's first marriage was concluded with a divorce deed. Then he secondly married another woman. In the same manner his first wife also married another man.
The husband did not conceal the fact of his separation of his first marriage by divorce deed, to the second wife.
10 years later, the second wife filed a petition seeking divorce.
The husband took a plea that his marriage with the second wife is void, since 1st marriage is still subsisting.
The second wife in her counter says that she is s lay person and she could not able to understand the legal position and her husband having lived with all these 10 years with her, cannot be allowed to take advantage of his own wrong and he is liable to be punished under section 495, 420 etc. of IPC.
Now husband wants to validate the second marriage.
The question here is "can a void marriage be validated by any means? If so, what are the ways?"
Thanks with regards.
Cannot be validated by any means. Only a re-marriage after (real) divorce from the first marriage is the only option out. Or by a far fetched document try getting a declaration as that earlier marriage stood dissolved by divorce deed (court may think about granting you relief - only when a custom to that effect is established)
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husband can be procecuted for IPC 494 - Bigamy.
second marriage is void ab initio.
customary divorce is a proposition, V E R Y difficult to prove in the court.
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S. 494 can be filed by 1st wife.
But the 1st wife after divorce deed divorce, got married another man and living with him with two children..
What to do?
both the wives are included in the definition of aggreived person.
so both of them can file 494.
since 1st wife is already remarried, she wont bother.
beware of the 2nd one.
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The husband took a plea that his marriage with the second wife is void, since 1st marriage is still subsisting.
here the hubby is admitting that he has committed bigamy.
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Bigamy is not allowed even with consent. (Madras HC)
can a void marriage be validated by any means?
N O.
the 2nd marriage is not voidable - its void.
void is always void
voidable is valid until annuled by court.
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