1. You can file a petition for annulment of your marriage for her being married to someone else while marrying you,
2. You should submit adequate evidence in support of your said allagetion.
Validity of Gandharv marriage
i(husband) applied for divorce on the ground of cruelty and desertion. additional ws is awaiting from respondent on my amendment petition of her prior marriage.as her prior was discovered during prosecution which was performed on gandharva rites and finally marriage affidavit/ declaration was made by her before notary public. her earlier husband also got married and alive. my respondent cheated me by suppressing her prior marriage. her prior marriage is not dissolved as per court of law. she is not only cheated about her prior marriage but also cheated educational qualification..For her cheating, forgery and misappropriation of govt fund , a police case was registered and charge sheeted. can her prior gandharav marriage be proven as valid marriage or not. can my marriage be proven as null and void in the lieu of her prior marriage. we stayed together for 4 months only and we have no child.
Asked 9 years ago in Family Law
Religion: Hindu
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7 Answers
You Are fit to apply for nullity of marriage than the dissolution of marriage as the grounds mentioned above like second marriage during subsistence of marriage and material suppression of act is ground for declaring the marriage null and void.
Amend the plaint to include these grounds and to change your prayer.
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1) The Hindu Marriage Act 1955, doesn't specifically provide for any form of marriage. The Act calls marriage solemnized under the Act as hindu marriage which may be performed in accordance with the shastric rites and ceremonies or in accordance with the customary ceremonies prevalent in the community to which the bride or Bridegroom belongs
2)In 1946, the Patna High Court in Kamani Devi v. Kameshwar Singh, ILR 25 Pat 58 = (AIR 1946 Pat 316) held that the relationship of husband and wife, created by Gandharva marriage is binding. The husband, the court ruled, cannot escape his liability of maintaining his wife married in Gandharva form. The Patna High Court went further and held that the celebration of Gandharva form of marriage must be attended with nuptial rites and ceremonies including Homa (invocation before the sacred fire) and Saptapadi (the taking of seven steps by the bride-groom and the bride together) for its validity,
3) second marriage during subsistence of earlier marriage is null and void
Hi, Gandhrva marriage is not recognized under Hindu law.
2.Marriage solemanized before the notary public is not a marriage at all but in your case it can be collaborate as evidence of her prior marriage and basis of this file a petition for void marriage.
1. How did you discover her prior marriage?
2. To prove her prior marriage you can produce the marriage registration certificate of her prior marriage in the court, in the absence of marriage it will be difficult to prove that she was previously married.
3. If her prior marriage is proved then your marriage will be held null and void.
In Bhaurao Shankar Lokhande & Anr vs State Of Maharashtra & Anr, supreme court of India has held that gandharve marriage is valid in certain sections of society. so her previous marriage is valid. you have cheated by her, suppression of material facts on marriage makes such marriage voidable. you can file petition for annulment of marriage under section 12 HMA. and also file an FIR for offence of bigamy under section 494 IPC. your marriage will be declared null and void because it is challenged within 1 year of marriage.
It is advisable that you file a petition seeking annulment of the marriage on the ground that she married you while being to someone else. Amend the prayer and include the ground of material suppression on side of the wife with a declaration prayer of declaring your marriage with her as null and void.
