• Overlap of special marriage

I have an overlap marriage. i got married the second time because of compelling circumstances around one month before the last marriage ended. The gap was prima facie because of court holiday & judge being absent. the earlier divorce was mutual & the 6 month time was served, while the actual decree came in 7 months. How do i rectify this mistake?
both marriage were special marriage act & my second wife is hindu while i am muslim

please help
Asked 7 years ago in Family Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1)your second marriage is illegal as performed during subsistence of earlier marriage

2)at time of solemnisation of marriage under SMA you have to submit a declaration whether you are single or divorced

3)it appears false declaration has been made by you on oath

4) get divorced and then remarry

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

1. The marriage performed before the passing of decree of divorce is a nullity and non est in the eye of law.

2. Moreover on this basis your present or past wife can file criminal case of bigamy.

3. So get a decree of nullity from a court of law with the consent of your present wife and then register your marriage once again.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

safest way is to get divorce by mutual consent . it takes around 6 months

2) then remarry the girl

3) your wife can file petition for declaration that marriage is null and void as you w ere already married at time of second marriage

4) if you dont contests he would get decree in 2 years or so

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

1) since your wife is supportive and ready to help it would not have any adverse consequences on you . she is not going to file complaint under section 494 of IPC for bigamy

2) wife can file petition for declaration that marriage is nullity

3) notice would be served to you

4) you would be granted time to file reply

5) if you dont appear court would adjourn the case

6) generally 3 adjournments are granted

7) based on evidence on record court may pronounce order that marriage is null and void . it tales around 2 years as courts are over burdened with cases

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

Since the suit for nullity is a civil suit there is no implications except declaring the marriage as null and void.

let your wife file such case.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Contracting a second marriage before the dissolution of the existing marriage renders the subsequent marriage null and void.

Your urgency has no answer in law, whatever reasons you may quote.

You may have to apply for annulment of marriage based on the facts and once it is annulled you may get divorced(if not already obtained), then marry this person of your choice, it is permitted in law under the provisions of special marriage act that you can marry the same person who you divorced unlike Muslim religious customs

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

how do i approach the court for nullity? My present wife is supportive & is ready to help. My only fear is that will the court interfere & take suo motto cognizance because of this issue? what will be the safest way?

The court will conduct the proceedings as per law.

The court will not bother to take action suo motu on this hence your worries are unnecessary.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

point number 3)- what will be the implications on me on the point that i was already married & the fact brought in front of the court?

There is no implication on this except tht the subsequent marriage shall be null and void.

point number-4_ if you dont contest he would get decree in 2 years... i didnt understand this

There is no reason to go by the above vague statement.

If not contested the case will be disposed at the earliest.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer