• Divorce

Hello, I got married with an NRI girl before 3 years and at the time of marriage she was already married with someone in her country. She came India and we got married in Arya Samaj and after 6 months she ran away. Its been 2 and half years I haven’t heard anything from her but someone informed me that she has given divorce to her husband in her country after getting married with me. I am planning to get re-married with an Indian girl. 

Do I need to get divorce first with that NRI girl?
In future if she comes India can she file a case against me?
Or I can get married again with no worries????
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 1 hour.

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25 Answers

Hi

Technically, your marriage with the girl is null and void , given that the girl's first marriage was subsisting when she got married to you. 

However, it is mandatory that you apply to the family court under section 11 of Hindu Marriage Act and get your marriage annulled on the grounds that the marriage is null and void. 

You can get married after you obtain an annulment decree from the family court. 

The girl can file false cases under 498a, domestic violence act etc, however you can win these cases on the grounds that the girl was leading illegal marital life with you. 

Hence no worries.

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You cannot marry during subsistence of earlier marriage 

 

2) If you remarry your wife can file case of bigamy  against you under section 494 of IPC 

 

 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hello,

Yes you should get the divorce first before you marry again.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

If she will not object in future you can get married as your earlier marriage is itself illegal. But ideally you should get divorced. You can't take advantage of your own wrong. But if you that she will not object in future then it's your choice but it is not legal

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

You have to take divorce from her first and than perform second marriage.

 

Go for divorce as per foreign marriage act.

 

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Its been 2 and half years waiting for your wife to return ; you would have file a suit for restitution of conjugal rights under section 9 of hindu marriage act 1955 and now you can file for a divorce petition and without dissolution of marriage you cannot go for second marriage as per the act its null and void !!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

You need to seek annulment or file divorce on that girl and then you can remarry .

Yes she can file a case of bigamy against you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Even if you have not registered your marriage which was solemnized  before Arya samaj as per Hindu rites and religious customs, then it is a legally valid marriage.

Arya Samaj marriages require no registration. The certificate given by Arya Samaj Mandir is itself a valid proof of marriage assuming that you have undergone all the ceremonies required for a valid Hindu marriage. .

However if you confirm that her previous marriage was subsisting at the time of marrying you then this marriage is null and void. Yours will be considered as second marriage to her,   the second marriage is automatically  null and void as the first marriage was not dissolved.

You first file a petition before court seeking to annul the marriage for the same reason or file a suit to declare this marriage as null and void for the reasons as  she was already married to someone at the time marrying you and the marriage was subsisting and the spouse is living.

Once the court has declared your marriage with her as null and void, then you can marry another person.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

If she married you while she was already married then her marriage with you is null and void. You can marry but you have to have proof of her 1st marriage.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Of course, you have to obtain a decree of divorce from the competent court, failing which your second marriage will become bigamous, consequently you will be liable to criminal prosecution under Section 494 IPC.

2. She can surely file all cases in India which an Indian wife can file against her husband.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Marriage is void ab initio, but annulment order from court will be good. Do you have proof of her previous marriage?

Somehow arrange the copy of divorce order. 

Otherwise, marriage is already void, can remarry. Hope your marriage not registered with municipal office.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

First of all second marriage without taking divorce is a punishable under section 494 IPC and if the first wife came to know about this she will file a complaint against you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have to file petition for declaration that marriage is a nullity as  performed  during subsistence of earlier marriage 

 

2)you have to file petition where marriage was solemnised or where you stayed together after marriage or where wife is residing 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

She had divorced her husband and married you but now questioning that it's not valid  you would have questioned her this before getting married to her and for re marrying yourself you have to obtain divorce first from her otherwise she may file a suit against you and it may lead you into litigation  better you have to try to avoid this situation!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

1. You need to seek anullment from the court.

2. In the family court / district court in the district you are married. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

First and foremost thing you need to do is to get divorce from your NRI wife.

You cannot marry another girl during subsistence of earlier marriage.

Yes there are chances of the lady filing cases against you.

Approach the family court which will have jurisdiction pertaining to place where you got married.

You can also contact any one of KAANOON Lawyers from your place.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- As per Hindu marriage Act, Arya Samaj marriage is legally valid , and is admissible in court of law.

- Since, you got married with her in Arya Samaj Mandir , and further consumated the marriage , after living as husband and wife, hence legally she is your wife .

- Hence, without cancelling the same , you cannot re-married with an Indian girl , as it is punishable in the eyes of law.

- Yes, you need to get divorce first with that NRI girl.

- YES, She can file a case in India.

- Since she is living aborad , hence you can get a Ex-parte divorce decree in her absence. 

-  Further, if you have certified proof with you that at the time of marriage with you , she was married , then the marriage with you is null and void as per law.

- You can file a petition to declare the marriage as null and void , for the same. 

- You can file the case before the Rajasthan court, where your marriage was soleminized. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You have a substantial documentary evidence to prove that she was married at the time of marrying you and her marriage subsisted, this will be sufficient to get your marriage annulled.

The place of marriage or the place where yo both last lived together or the place where she is currently residing.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

you can present a petition to the District Court where you married. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you have proof that at time of marriage with you in arya Samaj mandir she was married then your marriage will be considered as null and void.

So you don't have get divorce from her you can marry without any worry.

And if you dont have proof then you have to file divorce petition to avoid in complications in future due to dual marriage. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes if she was married then her 2nd marriage is null and void.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can apply for divorce in the nearest jurisdiction court from your residence township or village.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. If that be so, you must obtain a declaration of nullity from the court.

2. Petition has to be filed where marriage was solemnized or where couple last resided together.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In Rajasthan you can get the nullification order or where you are residing at present.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

If the first marriage was not over and she was not divorced and you were not having knowledge then the said marriage with you is fraudulent and void. 

You can file for annulment of marriage on basis of fraud

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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