• How do I get nullity of marriage

My wife was married to someone before my marriage & it was valid at the time of our marriage. She & her family suppressed the matter. after 1month of our married life she went away to her 1st husband. we came to know the whole matter. consulted an advocate & as per him on Nullity ground under section 24 (1) we filed a case. then she applied for maintenance under section 36 which got approved from the court. in mean time she got divorce from her 1st husband. 
Now shall i get divorce on the ground of Nullity.I have her 1st marriage divorce copy. 
PLEASE HELP ME.
Asked 1 year ago in Civil Law from Kolkata, West Bengal
1)second marriage during subsistence of earlier marriage is illegal . 

2) Section 11 of Hindu Marriage Act, 1955 deals with:

Nullity of marriage and divorce- Void marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.

3)conditions of valid marriage section 5 
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) Neither party has a spouse living at the time of the marriage;


4)court will pass order for annullment of  your marriage 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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1) you have the divorce decree obtained from court which shows that divorce was obtained by your wife from her first husband after your marriage 

2) her lawyer is bound to deny the existence of earlier marriage to show that your wife marriage to you was valid

3) you have to comply with court orders passed on maintenance if any  
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
When you have filed the annulment petition before court, you should have strongly argued that since the marriage is void the question maintenance will not at all arise and should have got her maintenance petition dismissed, I think there is a lapse in the side of your lawyer who should have been negligent in this aspect when the order was passed. 
Even now you have strong case to prove the marriage between you and her as null and void on the basis of the judgment on her previous marriage divorce case. 
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
The marriage is not valid and due to her previous marriage your marriage is void ab initio and you may file a criminal case against her before criminal court under section 494/495 of IPC 
She is not entitle to get any maintenance from you.
Fight the maintenance case with the help of a lawyer who deals in family metters.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hello,
1) Your move to get the marriage nullified was the right move. The marriage was void as she was married and her husband was alive at the time of her marriage to you.

2) The petition under section 36 is provision in law that allows the lady in litigation to seek alimony pedente lite when the man files for divorce and she has no means.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hello,
1) Whatever her advocate says everyone is governed by law and precedents. Let them prove the marriage as a valid one. As posted above if either of the spouse was married at the time of the current marriage, the subsequent marriage would be void.

2) Once the decree is passed by the court you are not liable to pay any maintenance as what is ordered by the court is only litigation charges.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Your case for nullity can proceed ahead on merits even if she has obtained divorce from her first husband. You can challenge maintenance order in the High Court as she suppressed her marital status from you at the time of her marriage to you.

2. Her advocate is going to say what subserves her legal interests. So do not worry about it.

3. The maintenance has, according to you, already been granted by the court. So it has to be paid unless and until it is set aside by a higher court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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1. You are not to take divorce from her since her marriage with you without her taking divorce from her husband is invalid,

2. you are required to file an application for annulment of your marriage on the ground that she was already married at hat time,

3. Since she was not legally married to you, she can not seek maintenance from you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1.If what you are saying is correct, the Court can not pass any order directing you to pay her maintenance,

2. Ask your lawyer to contest the case fittingly informing the Court that already an annulment petition has been filed by yourself.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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