Second marriage is illegal and void

2) wife can file petition in family court for declaration that marriage is null and void as husband was already married at time of second marriage

3) Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living.

Second marriage of both is a nullify as at time of marriage no divorce decree was passed by court

2) notice would be issued to her husband when wife files petition in family court

3) wedding photographs , wedding invitation card would be considered as marriage proofs

1. Her second marriage is void or is no marriage in the eye of law.

2. her divorce suit would proceed in which her second marriage has no impact.

3. The signature of second husband has no relevance here either.

4. Yes

5. Do note that your cousin can be criminally prosecuted on the ground of bigamy u/s 494 IPC if either of her first or second husband lodged complaint with police.

So act accordingly.

is this second marriage a illegal or void marriage?

this marriage is void because according to section 5 of the HMA only unmarried or divorced person can solemnize marriage otherwise they shall be prosecuted under section 494 IPC for the offence of bigamy.

you should take divorce and thereafter wait for 30 days i.e. time period of appeal against the decree. thereafter you may solemnise second marriage. in the time of appeal period decree does not attain finality and solemnisation of marriage during this period or before attainment of finality of decree is void.

1. Both have committed the offence of bigamy as their respective first marriages were subsisting as on the date of their remarriage.

2. The second marriage is void. However, the second husband may file a criminal complaint under section 495 IPC alleging that she married him by concealing the factum of her first marriage.

3. Pics of standing together, unless they are in the marriage function, do not prove marriage.

She doesn't want to continue with this second marriage And now he is black mailing my cousin that if she will not continue with this marriage, he will inform her first husband about this marriage? Is there any option of anullment or if it is illegal then is it required to get it written on any legal paper from court?

The subsequent marriage of both the parties to the subsequent marriage during the subsistence of their respective first marriage, shall be void and even considered as an act of bigamy if a criminal complaint is filed before court.

Though the marriage is legally void and not maintainable, the party if wishes to get it legally annulled, then may approach court with a petition for the same.

But she was also married at the time of the second marriage, then how it gonna impact on her life?

Since both were ,married at the time of contracting this marriage, their marriage is null and void, hence there is no impact of taking any action by the present husband on this because he is also at fault.

2. her divorce is also in process, then how it will go on ?

That is is different case, it can be proceeded accordingly without combining this issue to it.

3. if she will file the above mentioned petition in the family court then any sign is being required from that second guy ?

She may file a petition to annul the second marriage for the said reason,.The second guy's signature is not required, but a summon shall be sent to him through court.

3. And what if this guy holds some pictures with my cousin?

Let him defend his case.

4. Will the standing together pics, or marriage certification without seal will be considered as marriage proofs ?

Since the marriage is null and void, any proof of such nature will be a case against him for an act of adultery.