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Nepuka (T)     27 April 2012

Void marriage please help

Hi everybody, I was married from last 7 years and i and my wife separted from each other in 2 years after maariage. i was already married and i did second marriage 3 years back in arya samaj without taking divorce. i am not happy with my second wife also after our marraige we stayed separately only, she at her home and i at my home,  Now i got divorced from my first wife and i also want to get separate from my second wife, Please suggest me what should i do as she is giving me bribe that she will take me to poilce and file a case and will do sucide and will blaim me n my family, She dnt know that i have got divorced frm my first wife....Please help me what should i do



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 40 Replies

Shantanu Wavhal (Worker)     27 April 2012

the 2nd marriage is void ab initio.

no formal declaration is needed from court as far as the 2nd marriage is concerned.


even if the husband files a petition for getting the 2nd marriage declared void, the court wont entertain his claim as he is defaulter.

One has to approach the court with CLEAN hands.

One can not take advantage of his own wrongs.

the husbad can raise only a counter claim that the 2nd marriage is void; in case, the 2nd wife files any case against him.


the second wife may file Bigamy (IPC 494, 495) on the husband.


therefore, eventhough, the 2nd marriage is void, the husband would be trapped in legal proceedings, if the 2nd wife files the same.

Shantanu Wavhal (Worker)     27 April 2012

even the provisions of 498a are also applicable.


the husband can not subject the lady to cruelty, eventhough the marriage is void.

Deepak Nair (lawyer)     27 April 2012

Your ssecond marriage was invalid. So no need to go for divorce.

1 Like

JANAK RAJ VATSA (ADVOCATE)     27 April 2012

the second marriage is void abinitio. even ipc 498a is attracted if wife files a case

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 April 2012

Dear Querist

Mr. amit rightly explain all think , nothing left to add

1 Like

Shantanu Wavhal (Worker)     28 April 2012

in case of void marriage, petition requesting divorce is not maintainable

legal marriage is a must for divorce.

Adv. Chandrasekhar (Advocate)     28 April 2012

Mr. Amit,

I agree with you except second line -

no formal declaration is needed from court as far as the 2nd marriage is concerned.

even in void marriages, court declaration is desirable to avoid future complications.  There are certain judgments in this respect.

the second wife has got two options, either to file bigamy or rape case under section 375 exception fourth.

regards.

 


Shantanu Wavhal (Worker)     28 April 2012

@ adv. chandu ji

 

declaration is desirable, its not a must

u have rightly said that - such a declaration is always desirable to avoid future complications.


but in this case, the husband is defaulter. 

the declaration wont be given on his request.

Adv. Chandrasekhar (Advocate)     28 April 2012

@Amit,

I do not have the habit of going for lengthy arguments.  But, I like to clarify.  In the case of void marriages, there will be no defaulters.  Anyone of the parties to the void marriages is entitled for formal declaration unlike voidable marriages, where only non-erring party has got a right to get a favourable decree. e.g., in the case of forced marriage, the party who is forced for the marriage has got a right to move the court and not the party who forced the marriage.

regards. 

N.K.Assumi (Advocate)     29 April 2012

Aina Devi vs Bachan Singh AIR 1980 All 174:

 Indeed the grounds on which a petition for declaring a marriage to be null and void may be filed under Section 11 of the Hindu Marriage Act, are such that no amount of delay could be said to be sufficient to disentitle a petitioner to relief thereunder, in spite of the generality of the provisions of Clause (d) of Section 23(1) of the Act. The policy of the law is that a marriage solemnised in contravention of any of the conditions prescribed by Clauses (i), (iv) and (v) of Section 5 of the Act is null and void. The parties to such a marriage may not institute a petition, and by not instituting the petition they would only be defeating the policy of the law, for no person other than a party to such a marriage has been given a right to have it declared to be null and void. Under the circumstances if one of the parties does file a petition for having the marriage declared null and void under Section 11 of the Act, he or she only does something to further the policy of the law, and I do not think that such a petition could properly be dismissed on the ground of Unnecessary or improper delay, for by doing as instead of advancing the policy of the law, the court would be defeating it. I, therefore, disagree with the view of the learned District Judge that the petition was liable to be dismissed on the ground of unreasonable delay.

 

Shantanu Wavhal (Worker)     29 April 2012

Halsbury has already stated - 


In case of void marriage, neither delay not conduct can impose a bar on decree.


this is a well settled proposition, referred to in many cases.


eg. Gurmeet Kaur VS Boota Sing - P & H HC

shammi (microbiology)     29 April 2012

sir m from jammu ........i loved a girl doing msc(23 years)n we both wanna marry each other ..bt intercast is d main problem in between .m SC n she is of general caste......we both love each other n wanna do court marriage .please telll me procedure regarding that.she belongs to punjab.please

Nepuka (T)     03 May 2012

Thank you Mr. Amit and others to take time and reply my query, Request you all to help me what should i do now to prevent myself and my family from all this. Please help me with the further step. i am totally confused. I had already got divorced from my first wife....Please help me now

Shantanu Wavhal (Worker)     03 May 2012

check ur PM.


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