• Marriage issue

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 2 years ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
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
Ajay Sethi
Advocate, Mumbai
24677 Answers
1321 Consultations
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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
Ajay Sethi
Advocate, Mumbai
24677 Answers
1321 Consultations
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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
Ajay Sethi
Advocate, Mumbai
24677 Answers
1321 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
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.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
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
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Dear Querist
your marriage is void ab-initio, he can not do anything wrong against you at the time of your second marriage
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0

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