second marriage during subsistence of earlier marriage is illegal
20 let your fiancee file for divorce by mutual consent
3) only after divorce can your marriage be solemnised
Re-marriage
Hi the problem that I am facing right now is that the person whome I'm supposed to marry was already married at the age of 18 due to his parents force n emotional blackmails since he belonges to a very orthodox family n these ten years of his married life has resulted in having two kids but as far as the person concerned is not happy with his alleged wife from the beginning n they don't live together n also their marriage is not registered under any law n hence the divorce was not filed but my husband to be has an amicable letter from his wife so my query is:if I get to marry the same person by registering our marriage will I get the priority of being his wife legally or can the woman file a complaint against us?
Asked 7 years ago in Family Law
Religion: Hindu
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7 Answers
1. Marriage once performed can only be dissolved by a decree of divorce from court.
2. No amount of letters or compromise deed will do away this legal requirements.
3. So if you marry him the marriage would be null and void and you will have no legal status.
4. So ask him to file a suit for nullity since he was underage then and only after court order marry him.
the entire society where you live no that your to be husband is already married for the past 10 years, he has consumated his marriage with that girl and has two children, name of the father in their birth certificates would show his name as their father. Hindu marriage does not compulsorily require registration, their marriage for all practical purposes is a valid and subsisting one, this can be dissolved only by a competent family court and not by a letter given to him by his present wife.
She can subsequently file a criminal case for bigamy and deny the letter given by her.
It is better to produce this letter and file a petition for mutual consent divorce and thereafter marry this guy.
Marriage happened long back. till date he has not filed petition for declaring hte marriage as null and void. in between he had two children.
Under above circumstances, if you cannot marry him legally in the absence of court order declaring his earlier marriage is null and void or decree of divorce.
Amicable letter of separation /divorce is nothing but thrash.
I thank everyone for answering me n enlightening me abt the problem I'm facing nw since my fiancé was under age when he was married if he files a pitition for declaring his marriage null n void will his parents be under trouble?
Asked 7 years ago
No, his parents would not be under trouble.
No.
child marriage contracted with a female of less than 18 years or a male of less than 21 years would not be a void marriage but a voidable one".
2) ) in the present case on attaining majority boy did not make any such plea within period of 2 years . hence only option for boy is to file for divorce