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RAJAPU MOHANA RAO (operations manager)     23 September 2011

Void marriage


 This is mohan from visakhapatnam. I get married with a woman on 26-aug-2007 at TTD Kalyana Mandapam and my marriage was registered under Hindu Marriage Act. But why wife is already marriage with other person 12-12-1998.  This marriage was also registered under Hindu Marriage Act. She left him without giving divorce and married me with out tell anything about her prior marriages.  She was refusing to give divorce and for divorce she was demanding 3 lakhs. Now What I have to do I have to apply for divorce or have to apply for decree of null. If so please gudie me how to approach. And how time It will take. Thanks in Advance.








 21 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2011

You should file a petition seeking your marriage as null and void. You are even not liable for any maintenance.

2 Like

A.VIVEK ADVOCATE (ADVOCATE)     23 September 2011

you have to file a divorce petition on the ground of she is having other husband other then you,

you can file a criminal case against your wife for cheating

you neednot give any amount to yoyr wife  for divorce

2 Like

RAJAPU MOHANA RAO (operations manager)     23 September 2011


This is mohan I am very thankful for your valuable replies. Here One thing I have to mention, my wifes first husband was expired on 04-10-2008. My marriage was held on 26-08-2008 that means he was expired after 1 year 3 months of my marriage was held. And I have his death certifcate also. And also I am third husband to my wife, first husband name is kumar, second husband name is prasad and third me (Mohan). She leaved kumar without any divorce and get married to prasad on 2005 I dont know the exact date. And this is marriage is not registered. With her first marriage certificates I made a complaint at my local police station but they refused to file a case. And I contacted more than 5 advocates to file a private complaint. But all were saying that it is waste of time. And court also not will to take action against woman. Is this true sir? I can I get justice, Is there any option to approach High Court. Please advice me. Thanks in advance.





Rahul T (Engineer)     23 September 2011


1> What are the criminal cases he can file in this situation? And under which section???

 2 > If any girl is cheating boys family by providing wrong information & then later seeking divorce for making money, Then can we file any type of Criminal or Cheating case against girl or girls family? (With LAW Section)

 3> if any Girl’s family make a plan for Cheating grooms family Then can boy’s family file any type of Criminal or Cheating case against girl or girls family? (With LAW Section)


Thanks In Advance...

Avnish Kaur (Consultant)     23 September 2011

file a civil petition to have ur marriage stamped as void by court. if u have solid proofs u can easily get it voided.

to file a criminal case and have her sentenced is a bit tough though not impossible.

wat u want to have marriage void or to get her sentenced decide this first.

RAJAPU MOHANA RAO (operations manager)     24 September 2011

Thanks for your reply Mr. Avinash Kaur. I want both, I want to have my marriage and also I have to sentence her and teach a lesson to this kind of womens. Because one of my friend get suicide last year in similar case only. He is very sensitive and an MBA student got offer in UK. He have to go this year for employment over there. Is there any chances to my wife escape from criminal case. I have solid proofs. And Please advice how to file a civil petition and my marriage held 4 years back. Can I eligible for a civil petition. Please suggest me. Thanks in Advance.




Narender Raj G (Advocate)     24 September 2011


Your marriage is ab-initio void. No validity in the eye of LAW, subject to proving of fact by you of subsisting of prior marriage of your wife as on the date of marriage with you. You can File Petition for declaring your marriage Null and Void under section 11 of the Hindu Marriage Act 1955. No rights would flow to either party from void marriage.

RAJAPU MOHANA RAO (operations manager)     24 September 2011

Thanks for your valuable reply Mr. Narendra Raj G. You are saying that I have to file a petition for declaring my marriage is null and void. But when I am approaching advocates they were not saying anything about this, they saying to petition for divorce. What they were saying and you are saying both are similar Sir. I dont know how to file a petition for marriage is null and void. Please guide me Sir. And also how much time It will take, In this section also I have to go for trial. Or court will issue order that my marriage is null and void irrespective of divorce. Then I not need to go for  divorce. Thanks in Advance




Narender Raj G (Advocate)     24 September 2011


Of course, petition under section 11 of Hindu Marriage act will result into Divorce. But getting the marriage nullified is better than getting mere Divorce. On nullifying the marraige your wife can not make any claims againt you from the VOID marriage.

Ask Your Counsel/Advocate to file .O.P. before the Judge family Court at Vizag under section 11 and 12 of the Hindu Marriage Act.

 I have extracted the provisions for your understanding.

If the first husband dies after marriage with you, it will not make any difference.

Also, you can take aid of ground of fraud also, which is available under section 12 of the Hindu Marriage Act.


The Hindu Marriage Act,1955


Section:--  11. Void marriages.-


Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 1[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.



Section 12.:-- Voidable marriages.-


(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-


(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or


(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or


(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or


(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.


(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-


(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-


(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or


(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;


(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-


(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;


(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and


(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.


RAJAPU MOHANA RAO (operations manager)     24 September 2011

I am very happy with your valuable and accurate and instant replies Sir. Sir I have some more doubts I dont think I am irritating you by asking again and agian. You said have to file O.P. before family court. what is O.P. stands for sir. And another thing my wifes first husband written in marriage certificate as DASOORI SHIVA MEHER KUMAR where as in his death certificate name written as DASOORI PREM KUMAR. These two names are related to a same person, this is cleared by his parents. Is there any problem If was file a O.P. in family court with these certificates. And one of the advocate in this forum says that only the person can be eligible apply for void marriage before one of the second marriage was held. Its already 4th year running that my marriage was held. Why my local advocates are not suggesting to go for file O.P. why they were suggesting to go for divorce. These are the doubts I have please clarify them and suggest in that name differences in certificates. Thanks in Advance.

Anjuru Chandra Sekhar (Advocate )     24 September 2011

Whether he is expired or not is not an issue for the Court.  You should be in a position to prove that she was married to him or someone earlier and did not take divorce from him/them.  Otherwise, she may say to Court she never married anyone in the past.  So don't worry about death certificate, worry about the proof relating to her first/second marriage.  Once you have that proof, the onus lies on her to prove that she took divorce from them.  That will be asked by Court and she has to submit.  If she can't submit proof of divorce court will grant divorce to you. 

RAJAPU MOHANA RAO (operations manager)     24 September 2011

Thanks for your reply chandrasekhar sir. I have her first marriage certificates and photos also. But Narendra Raj. G was adviced me to go to file O.P. in family court for null and void marriage. I am eligible for that, If i applies for divorce to will take more than one year, If I apply for null and void marriage how much time it will take can I file a petition for void marriage, even after 4 years my marriage was held. Someone is saying is that before one year only we have chances to go for void marriage. If its crosses more than 2 years we have to apply for divorce. And what is O.P. stands for sir. Please suggest me and advice. Thanks in Advance

Nadeem Qureshi (Advocate/     24 September 2011

Dear friend

I am agree with advocate Mr. Narendra raj G

Narender Raj G (Advocate)     24 September 2011


The advice given to you of filing O.P. within one year is only in regarding to section 12 of Hindu Marriage Act only. Even if you take aid of the section 12 of the Hindu Marriage Act, you can submit to the court, when you got knowledge of previous marriage. From the date of knowledge only the limitation prescribed under section 12 applies.

In so far section 11 is concerned there is no specific limitation is prescribed.


There is no need to worry regarding to name in death certificate of first husband of your wife. The death certificate does not have any bearing on the proceedings. Don’t submit that certificate in Court.

O.P. means original Petition. The civil court primarily accepts a Suit (O.S.) for enforcing a right. When a  procedure is prescribed by Law for approaching a Court, in a statute for enforcing a right or seeking a declaration, it is registered as O.P. 

If a statute creates a right ( or a right arising from Tort) but procedure to approach court is not prescribed, then the party has to file a suit in Civil Court.

In some other matters, if any Statute prescribes rights and duties, also prescribes procedure as well as prescribes a special Forum ( such as Rent Controller, Co-operative Tribunal, ESI Court etc.), the party has to approach the special Forum only.



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