cpc

validity of first marriage...plz advice


If a girl has married under Hindu customs and converts her religion to Christian and marries as per christian norms. Is the First marriage still valid? and is the Second Christian marriage valid?

 
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Advocate

As long as she does not get divorce from her first husband, the first marriage remains valid. And second marriage will be invalid. Conversion does not make the first marriage invalid.

 
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advocate

Yes first marriage is valid unless declared by court otherwise.

 
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first marriage valid; second marriage invalid-bigamy - attracts sec 18 of Hindu Marriage Aci and sec 494 of indian penal code

convertion in other religion is personlal liberty under art 21 of the constitution of india,  it is also told in hindu marriage act that, christians are out of the attraction of this act. but the present stand of the court is , even in case of conversion, thoug the person is out of attraction but  the person can not avoid it's matriminial responsibility. see sec 2, 5 & 18 of HMA; & also see 494 of IPC.

but there is a scope of urguement under art 32,21,14,15 of the constitution of india read with (i) sec 2,5,18 of the hindu marriage act (ii) sarala mudgal case. (iii) sec 494 of IPC. one may go to supreme court on the plea that his/her fundamental right is effected by this encroachment of law and some other rullings..if any one goes, may pl contact me, i shall equipped him with more details.

 
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advocate

Dear, during the subsisting of first marriage second marriage is void .

Subhash kuamr, adv

 
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advocate / commissioner of oaths

Mr.Malotra,

                                Conversions will not put an end to the marriage automatically unless decreed by the court .The first marriage alone is valid for your client and the second marriage inspite of the existence of the earlier spouse and the existence of the first marriage the second one amounts to bigamy which is punishable U/S 494 I.P.C

 
 
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by subsequent conversion marriage will not be nullified. so without dissolution of earlier marriage 2nd marriage wiil invite offence of bigami under sec. 494 of I.P.C.

 
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