• Auto divorce

Hello Sir, my name is Ashish and I stay in India. I got married in India Arya Samaj with a girl named Komal whose nationality is Tanzania. She left me before a year ago and she ran away to her own country. I don’t want to accept her and want to get married to an Indian girl. Can you please tell me if I can do so? I haven’t given a divorce yet. When she got married with me she was already married in her country with another guy. Now she is gave him divorce. Was my married not legal because she was already married in her country? Do I need to give her divorced first before I start my new life. Please advise. Thanks
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

Dear Client,

While subsistence of previous marriage second marriage is null and void. Still complications like cheating fraud may arise if came back n complained.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Your marriage with Komal was null and void since she had her spouse/husband living at the time of marrying you.

You are free to marry without obtaining a divorce.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You cannot marry your girl friend during subsistence of earlier marriage

2) file Petition for declaration that marriage is null and void as it was performed during subsistence of earlier marriage

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1.During subsistence of her previous marriage,another marriage with you has no legal sanctity.

2.Though it is a nullity to contract two marriage simultaneously for which decree of nullity is not necessary it is advisable to get such decre anyway.

3. Since the lady who has married you seems to have dubious record it is not advisable to sit idle and remarry once again.

4. So file a suit for nullity and then seek the decree. As she is away from india you will get ex parte divorce soon.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello sir , it is advisable to obtain divorce on the grounds of desertion from her .. Once you obtain a ex-parte divorce ,you can marry again ... It is advisable to go for ex-parte Divorce instead of annulment of marriage

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hi even after knowing the fact that she is married you married her and now she has left to her own country where she is a divorcee as you're looking to get marry again with an Indian girl please be sure in case she comes back and filesa case of bigamy and adultery on you you will be trouble.

Please make sure that she is not coming back and got married over there.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Your marriage is not valid as per the indian laws. You just need to have a decree from the court regarding the nullity of your marriage.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1) file under Special Marriage Act, 1954

Under section 25. Voidable marriages

2) The Foreign Marriage Act, 1969 under section 19

19. Punishment for bigamy.—

(1) Any person whose marriage is solemnized or deemed to have been solemnized under this Act and who, during the subsistence of his marriage, contracts any other marriage in India shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code, 1860 (45 of 1860) and the marriage so contracted shall be void.

(2) The provisions of sub-section (1) apply also to any such offence committed by any citizen of India without and beyond India.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Your marriage with the said Tanzanian girl is illegal hence invalid.

2. Collect evidence of her said marriage and the recently obtained decree of divorce and then file a petition for annulment of your marriage since she was married at the time of marrying you which she had not disclosed to you.

3. It will be illegal for you to marry again with out obtaining the decree of annulment of your said marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. You are already married as per the marriage solemnised by you in Arya Samaj temple.

2. If you marry again without obtaining the decree of divorce or annulment of your marriage, your said marriage will be invalid as explained in my earlier post.

3. The said illegal act of yours might land you behind the bars also legally.

4. Even if you understand that your said marriage with the said Tanzanian was illegal, that was a marriage which is required to be nullified first before you remarry.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

On a safer side, you can apply for annulment of your marriage with komal since the same was void on account of her having already being married at the time of marrying you.

You can remarry after applying for annulment.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Firstly, you need to grab something in your favour so that you can be saved.

Secondly, yes your marrriage is void ab initio as she was married at that point of time.

Thirdly, you can marry with a girl about which you mentioned above.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Since she was already married so the marriage with you is null and void. But to avoid future complications better to file a declaratory suit to declare the marriage between you and her were null and void so that a decree from court will save you from any unseen consequences

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) First you file for the marriage was void and not valid. As per the Special Marriage Act and Foreign Marriage Act, make this marriage null. But problem arise next here you have Arya Samaj Certificate and had physical relationship.

2) So on Physical base get divorce from Indian court or apply in Indian court for Divorce and get exparte decree, wait for 90 days and than remarry.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Area saman marriage is valid

2) you need court orders for dissolution of your marriage

3) file petition in family court for declaration that marriage is null and void as performed during subsistence of earlier marriage

4) if your wife files false case against you apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Usually ignorance of law and facts cannot be considered by the Courts. However since she was earlier married and not disclosed the same at the time of your marriage with her, it itself comes with in the meaning of offence of cheating under Section 420 of IPC. In this background you may marry for second time in India.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Basically your marriage with her is invalid for two reasons given below:

1. She is a foreign citizen, hence without registering the marriage under special marriage act, it is not valid

2. She was already married and her marriage subsisted and the spouse living, hence without dissolution of her previous marriage, marriage contracted now is null and void.

Therefore since the marriage is not valid and null and void in the eyes of law, you need not even try to obtain divorce or seek nullity because the solemnisation of Arya samaj form of marriage between and Indian and a foreign citizen is not legally valid as per Indian laws, there fore it is as good as no marriage between you two.

You may marry another person of your choice, it cannot be considered as bigamy.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

We got married in Arya Samaj and we don’t have marriage certificate except Arya Samaj one. Still I have to go to the court to file a divorce or anything? Because if I get marriage with another girl and In case if she comes back then she would be faulty because when we got married she was already married and then she left me and went back to her own husband. She gave him divorce now but if I marri someone else and if she comes back she would be in trouble right or me? If she Does anything against me?

She clearly knows that the marriage contracted between you and her during the subsistence of her ,marriage with another person in a foreign country is invalid as per laws in India.

Hence she cannot claim any rights over the marriage she contracted with you her in India, moreover the marriage was not registered under special marriage act, hence the marriage done in arya samaj may be defined as a

social function

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Arya Samaj Marriage as such a valid marriage as per Arya Samaj Marriage Validation Act, 1937. After marriage, they also issue a certificate.According to Arya Samaj Hindu rites or Sanatan Dharam Hindu rites for all purpose the marriage is legal & valid in the eye of law. As far registration of such marriage under section 8 of the Hindu Marriage Act,1955 is concerned in case such marriage is not got registered such non registration will not invalidate such marriage, this the law upto today, but according to latest direction of the Supreme Court of India, it has been directed to all the States in India to make registration of any marriage preformed in any State of India compulsory to the extent that incase such marriage is not registered it will not be considered legal or valid after coming of such amendment in the various matrimonial laws enacted by all the religions including this Hindu Marriage Act,1955. This order of the Supreme Court has been given to all State Government to make rules for compulsory registration in the State & strictly follow this rule with provisions of punishment for avoiding this rule. Now many states in India have made such rules for compulsory registration of all marriages being solemnized in their states but some states have yet to make & follow such rules. This information I give to all members who read this question/answer to better get their marriages registered according to the provided provisions of law immediately to avoid any inconvenience in future

In such a condition the best option is to file Petition before the family court for declaration that your marriage between Tanzanian girl is null and void as it was performed during subsistence of earlier marriage.

If do so, you are safe in future litigations from Komal . And can marry any Indian Girl.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

Dear Ashishbhai,

Before I answer you I would like to ask you couple of questions.

1) Do you have any proof about her previous marriage?

2) Do you have any proof about her divorce which she had given in her country?

Please find your answer as below

If you feel that she might come back and create problem then just make divorce paper and sand her by post, also ask her to notarize that documents before notary public in her country and send you back. After receiving those documents you may get it your part of notary and complete that process. Please save that postal receipt as an evidence. Written document will always help.

There is provision under which latter on we may ask court to declare that divorce as a legal status of yours.

Krunal Pandya
Advocate, Ahmedabad
5 Answers
1 Consultation

4.0 on 5.0

First of all gather evidence about her first marriage. May be her passport or embassy.

Based on ur marriage certificate get a declaration that the marriage was void.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

Ask a Lawyer

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