Seeking a help online looking to the severity of the case..I got married with my boyfriend in arya samaj mandir in 2001 who was already married. .now I want to get separated with him nd want to be in valid relationship. Please suggest me how to proceed legally.
Asked in Family Law from Bhopal, Madhya Pradesh
1) do you have any proof that your boy friend was already married .
2) if your boy friend had married you during subsitence of his earlier marriage said marriage is illegal
Hindu Marriage Act, 1955, Section 5, 11 -- Second marriage during subsistence of first marriage - Second marriage is void and invalid - It requires no declaration as to nullity
Dear sir..thanks for ur reply. .
pls suggest how to proceed for my second marriage...how to nullify my existing marriage nd at the time of my remarriage what wud b my status (marital)..if my boyfriend raise ne issue about my second marriage..how to tackle.
Asked 3 years ago
since said marriage is null and void you dont need declaration from court that said marriage is nullity .
you can file case of bigamy against your boy friend under section 497 of IPc if you have proof of his earlier marriage
1. Is your boyfriend still married, or has obtained divorce now?
2. If he is still married then you and your boyfriend can be prosecuted on a complaint being filed by his wife and sentenced up to 7 years in prison as your marriage to him is illegal.
1. It might be dangerous for you to seek from a court of law a legal recognition of your status as an unmarried woman in as much as you can also be prosecuted for marrying an already married man.
2. Second marriage cannot take place unless the first marriage has been terminated according to law.
If your husband's first marriage was still existing and during the said period he tied the knot again, the second marriage is void in the eye of law,so you can move a petition on this ground in a court of law and thereby get an appropriate order in this regard.
you have to file a petition on the same ground & thus asking court to nullify second marriage on the same ground. you can also prosecute your husband for cheating you
Advocate, Greater Noida
your marriage is void ab-initio, he can not do anything wrong against you at the time of your second marriage
Advocate, New Delhi