File petition for declaration that marriage is nullity as solemnised during subsistence of earlier marriage
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Husband married 2nd time while his previous marriage was still in the process of Divorce Suit
My friend got married to man in November 2021 but he hid the fact that his previous marriage divorce was still under process in the Mat Court. He is still not divorced. Is there anyway my friend can file for a marriage null and void without any compensation?
Asked 3 years ago in Family Law
Religion: Hindu
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8 Answers
your friend can file a petition under section 12 of Hindu marriage act seeking to annul the marriage on the same grounds besides she can file a complaint with the local police for the offences of cheating
Dear client I am sorry to hear that but in this case you friend can approach the court and file a petition for the annulment of marriage on the ground of void ab initio.
No, she can't file for null and void after one year of marriage, but can file for divorce.
Yes he can file the same for annulment
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law.
- Further, since the second marriage is not a valid marriage , hence as per law that lady will not treat as his legal wife, except a consensual relationship, for which no rape case made out now.
- However, if he wanted to come out of the second marriage , then he can file a declaration suit before the family court for declaring the marriage as null and void.
Marriage is necessarily the basis of social organisation and the foundation of important legal rights and obligations.
According to the Hindu Marriage Act, 1955, the second marriage has legal status only when “at the time of marriage, none of the parties should have a living spouse. More particularly says that at the time of second marriage , a living spouse exists, then the second marriage is null and void.
A second marriage when first marriage is subsisting is not a marriage at all. It is invalid from the beginning. There is no need to file any petition to nullify the marriage. File a simple suit of declaration of second marriage is null and void. You will get a decree for declaring marriage as null and void.
