• Got married with NRI

Wasn’t clear last time so came back again with the same question.

Before 2 years I got married with a Tanzanian girl she was Gujarati but her nationality was Tanzanian. The time when we got married she was already married in her country from last 9 years with a Muslim boy. I have photographs of her with her husband.

After 6 months of our marriage she ran away in her own country to her old husband and now she got divorced with him. 

We got married in arya samaj we got the cirtificate also in Rajasthan so I just wanted to ask if I get married now with an Indian girl can she put in me trouble? 

Some of the lawyers told me last time to get some kind of cirtificate but I don’t know how to get that since where we got married it’s very small town and nobody knows the process. Can someone please help me to find a way of getting re-married without any future consequences. I need to get this done in Ahmedabad itself where I’m staying or in Rajasthan if someone can help me. What is the process of getting that cirtificate.
Asked 1 year ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu

What was the religion of this Tanzanian Girl? If she is a Hindu, her marriage with you in the Arya Samaj marriage was void ab initio.

You are free to remarry. My response is in light of the limited facts given by you.

Do not run behind any certificate/court decree, because obtaining the same ex parte may be difficult.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Hello,

the said marriage of yours is null and void.

You may get re-married and if she was already married at the relevant time of marrying you then no case can be won by her.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Your wife second marriage during subsistence of earlier marriage is void

2) you have to file petition in Rajasthan for declaration that marriage is nullity as performed during subsistence of earlier marriage

3) don’t remarry without obtaining court orders as advised herein above

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

File a suit for declaration of marriage as null and void. It will take up to 3-6 months.

Then once you get the declaration decree. You can go ahead and have a new marriage registered with out any consequences.

Anshul Chowdhary
Advocate, New Delhi
19 Answers

Not rated

Dear Client,

While subsisting previous marriage, second marriage is void and has no status, You may apply against the other party declaration of such marriage void and null but not compulsory.

NO certificate required , free to marry and no consequences.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1) As of now you go with fresh mind as per Special Marriage Act and get registered in your local address.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Dear Querist

As you are already married with him, you can not solemnized your marriage again with any other girl without divorce from her if both of you are Hindu. Legally you can not.

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

Since she was already married before marrying you your marriage is null and void ab-intio under Indian law so you can file a declaratory suit to declare your marriage null and void in local court where your marriage was solemnised.

You were married under Arya smaj so Hindu marriage act shall apply file an application under section 11 since the condition of section 5 was not followed, so your marriage shall be declared void by the court

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

First of all her marriage with you is not valid, it is void ab-initio for the reasons that:

She being a foreign national, she cannot get married to you under Hindu marriage act, hence the solemnisation of marriage under the provisions of Hindu marriage act is null and void.

Her marriage with you should hav been solemnised under the provisions of special marriage act only, for that she should be a spinster or single or divorcee or a widow.

If her earlier marriage subsisted and the spouse was living at the time of contracting marriage with you then this marriage is null and void.

Therefore you can file a petition seeking the marriage as null and void by mentioning that you came to know about this only very recently.

After getting this nullity case disposed in your favor, you may remarry another person.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Don't worry

If you have the proof of her first marriage than your marriage was void and you can marry now.

Mukesh Kayath
Advocate, Hisar
7 Answers

Not rated

Since you were married to her when her previous marriage was subsisting, your marriage is void ab-initio i.e. void from the beginning. However, if your marriage was registered, it is advisable for you to seek a declaration from the Court to that effect by filing a suit under the Specific Relief Act.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You and your second wife would be in trouble as your first wife would file case of bigamy against you under section 494 of IPC

Better file petition for declaration that your first marriage is nullity as performed during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Sir there can be trouble for you also though she has married without talking divorce but she can put up a case of bigamy and you have defend same.

You have to suffer into unnecessary litigation and prove before court she was married and all these facts.

So it's better to take declaration that marriage is void and then go for second marriage.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

1) Your second wife will be not in trouble but you will be in trouble as you have not got the divorce from first wife. Try to get first divorce from your wife.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

For the purpose of creating problem for yu she may do some mischief to disturb your newly married life, you may not be scared or frightened, you can challenge the same based on the merits and documentary evidences on your side.

The marriage contracted with her is not valid since she is a foreigner and you are an India, hence it cannot be solemnized under Hindu Marriage Act.

Moreover if her previous marriage was not dissolved at the time of marrying you, then it is absolutely invalid, hnce you may go ahead with your proposal and be cautious about other side development to take precautionary measures.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

If you are already married then married again without divorce is illegal and punishable for bigamy.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

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