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without divorce second marriage is possible according to law

Page no : 2

Uma parameswaran (lawyer)     04 May 2009

1. Legally speaking it is not possible . 

2  . If some one commits such act  criminal action can  be  taken against  him


(Guest)

Good discussion. 

Ajay (Student)     20 December 2009

Hello Sir,

i had a query.

What if a person marries while his subsisting marriage in USA. Will his 1st marriage be recognized in India as it is not registered in India?

Ajay (Student)     20 December 2009

And will his second marriage in India be Void?

Vijay Raj Mahajan (Advocate)     20 December 2009

The person married anywhere in the world, whether or not his marriage registered in India under the Indian matrimonial laws or not this will not invalidate the foreign marriage in India.

The registration of marriage is proof of marriage not proof of its validity. A void marriage is one which is due to infringement of necessary condition for valid marriage & if the registration of marriage is not the necessary condition for valid marriage than its infringement will not invalidate the otherwise valid marriage.

A person who got married in USA if marries again in India will be committing offence of bigamy & his second marriage will be void being taking place during the lifetime of his first living wife.

Ajay (Student)     20 December 2009

Sir now the Second marrige being void. The Girl cannot ask for Divorce Right? Because the marriage is void.

Actually the facts are: the boy and girl left for USA after the marriage and there they got permanant residence. now after 1 year girl gets to know about his 1st marriage. Husband is cruel to her. She runs back to india and files only for Divorce not for bigamy.

 

The District court dismisses it only on the ground of want of Jurisdiction. But not Validating the second marriage as void. Though the second marriage has been properly soliminized and registered in India.

Vijay Raj Mahajan (Advocate)     21 December 2009

In this case the petition to be filled by the wife/petitioner should be for annulment of marriage by decree of nullity because of the first living wife & existing first marriage of the husband not for divorce. Secondly the proof of the husband having first existing marriage when he entered in to second marriage with the petitioner is on the petitioner.

As far the jurisdiction of the court is concerned that has to be as mentioned in the matrimonial law under which the second marriage was solemnised & registered.


 

Sachin Garg (Advocate)     21 December 2009

It is a offence as per Law.

Ajay (Student)     21 December 2009

If the Second wife dont have any problem with the first wife. Or if he has consented to it.

 

Does it become voidable at option of wife??

Can you please tell me what is possible way out for wife, as she has filed appeal in high court contending divorce and compensation. And earlier in district court she did not even contend for compensation.

Vijay Raj Mahajan (Advocate)     21 December 2009

Void marriage because of the first marriage & living first wife cannot be made voidable by the second wife just by giving her consent for the marriage or first wife doing the same.

The marriage is void in the eye of law & intentions of either of the two wives hardly matter in this case.

No question of decree of divorce being issued by the court in case of void marriage as that is possible in case of valid marriage.

mohsin ali (agra)     22 January 2010

sir my friend who is also muslim and also married he want get 2nd merriege with a muslim girl with knowing anybody but i heard court send a notice to both parties so plz help us what can we do accutally we want registered niqaah to court?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 January 2010

MR.M ALI,

if your friend's first marriage held/solemnized under the mohamedan personal law  then he may go on 2nd marriage under the same law, but if his first marriage solemnized under the special marriage act, even both the parties are mohamedan, then second marriage is void and attract sec 494 of IPC

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 January 2010

by this way even a mohamedan female can save her marriage from the attact of second marriage by her husband. ie, not to go on shariat law (which partly applicable in india as Mohamedan personal law) and solemnized her marriage under the special marriage act.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 January 2010

mr. ali , court can not send any notice untill his wife complains. when it will come to the notice of the court that the parties are married under mohamedan law, court will not send such notice.

Therefore you confirm that (i) whether it is a rumour only (ii) The said marriage solemnized under special marriage act (iii) his first wife did some frawd at court.

mohsin ali (agra)     23 January 2010

sir thx for the response but sir uska niqaah huaa hai court se uski pahli shadi ka koi matlab nahi hai ab ager woh doosra niqaah karta hai uske baad court se register karata ha us niqaah ko to kya koi prob aa sakta hai


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