• Remarrying same spouse

Once done registered marriage under SPECIAL MARRIAGE ACT 1955  in March 2014 but it was made null and void forcefully by parents and relatives . Now I want to remarry the same guy. But how is it possible?
Asked 2 years ago in Family Law from Howrah, West Bengal
Religion: Hindu
Hi, marriage can be declared as null and void only by the competent court not by parents so your marriage is still valid so question of remarriage does not  arise.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your query is deficient in details. How was the marriage made null and void by parents and relatives, and that too forcefully?

2. Did the court annul the marriage on a petition filed by you? If yes, what were the grounds of annulment?

3. If annulment has taken place then you are free to marry any one including the same spouse to whom your marriage was annulled. 

4. You can remarry under the Special Marriage Act.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. From your query it seems that the court annulled your marriage as your husband did not appear to contest the annulment petition filed by you. 

2. After the decree of annulment passed by the court there is no legal relationship of husband and wife subsisting between both of you.

3. Is your husband willing to cohabit with you? If yes, both of you can remarry according to your wish.

4. Since your parents are forcing you to marry against your wish you may file a police complaint against them. Alternatively, you and your husband can move to the High Court and seek protection against the overreach by your family.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) since your marriage has been declared a nullity by competent court the relationship of husband and wife does not subsist any more .

2) you are liberty to re marry your ex husband if you so desire . 

3)the marriage can be solemnised under provisions of HMA if both are hindus or special marriage act if both belong to different religions
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) if you are being tortured by your parents you can lodge police complaint against your parents for criminal intimidation under section 503 of IPC 

2) you can also complain to state commission of women and seek protection against torture from your parents 

3) you cant be forced to marry against your wishes 

4) you and your ex husband can also move HC in this regard to direct cops to provide you protection against your family
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, as the court has declared your marriage is null and void and you are no more husband and wife and as per law you can marry him but under what ground court has held that your marriage is null and void it has to verified.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Who declared your marriage as Null & Void?

2. Your parents or the Court,

3. If it has been declared by the Court as Null & Void, on what ground it has been so declared?

4. What is the point of conducting the same marriage if it has been declared as Null & Viod by the Court?
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Your marriage has been declared Null and Void for not staying for a msingle day and also for non consumation,

2. You can marry him now legally,

3. Lodge a police complaint if your parents obstructs you physically in legally marrying as per your wish.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Dear Querist
If both of you are ready to marry again then nobody can force you to do that, it is your fundamental right provided by constitution of India.

if they harass/blackmail to you or threaten to you or your ex-husband then you have right to file a police complaint against them before police or court.

you may file a writ petition for protection before HC under Article 226 of Constitution of India.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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