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Byas Singh Rathore   17 October 2022

Want some judgement in which judge gave the positive judgement

We have a case where a man from Punjab working in Army and based out in east India.. he got married in 2002 and had 2 son's. His wife took ex-parte divorce in 2020 but never disclose to anyone and resided usually as wife in the same house. After 6 month's, she disclosed that she has taken divorce but shown that she had done a mistake..after that incident,husband filed an application for set- aside the divorce decree. After filing of the application, both the parties again got married with each other..but again in 2021 she, left the house and start residing with other person and filed a protection petition in the district court on the basis of her divorce..now husband wants to prove that there second marriage is valid as per Hindu marriage act...we need some judgement or any article mentioning that second marriage with own divorced husband or own divorced wife is valid in Hindu marriage act


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 2 Replies

Sourav Das (Advocate Supreme Court of India)     18 October 2022

As ex parte decree has been set aside, 1st marriage is valid. Wife can be tried and punished for bigamy, if 2nd marriage is proved.

If she is living together,  then hysband has nothing to do except divorce as Supreme Court already decriminalized the offense of adultery and legalized live in relationship. 

Alpa Jogi (Advocate) (Lawyer / Advocate)     19 October 2022

Re marrying your own divorced wife or husband is absoultely legal and no need for any supporting judgement of supreme court.

 

Marriages are governed by personal laws. So if remarraige is done as per the rituals than marriage is valid.


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