• Anullment of marriage (void marriage)

A hindu woman (my relative) marry second time with a divorced hindu person without taking divorce from first husband. First marriage was disclosed to new husband before marriage. Is it an offence? Do new husband claim for nullity of marriage under section 11 of HMA ? Is either husband suit case against her for bigamy under section 494 or 495 as well as 420? Can first husband file a case of adultery against second husband ?
Asked 10 months ago in Family Law from Churu, Rajasthan
Religion: Hindu
1) second marriage during subsistence of earlier marriage is illegal 

2) case of bigamy under section 494 of IPC is maintainable against the wife 

3) second husband can move court for declaration that marriage is a nullify 
Ajay Sethi
Advocate, Mumbai
23217 Answers
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1. The marriage is indeed null and void.
2. Either of the husband can bring a suit of bigamy and cheating.
3.No case of adultery though lies.
Devajyoti Barman
Advocate, Kolkata
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Hi, as per law Hindu can't   perform a second marriage during the subsistence of first marriage. So second husband can file a petition under section 11 of the Hindu marriage act before the court declare that their marriage is void.

2. First Husband can file a complaint against second husband for adultery.  
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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It is an offence both by the lady and her second husband who had knowledge about the existence of her first marriage as on the date of marriage. Criminal prosecution of both for bigamy and adultery can be launched by the first husband of this woman. To claim annulment the second husband will have to prove absence of knowledge about the correct status of her first marriage.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Answer to your query is as follows:

 Yes it is an offence if the woman marries second time while her first husband is alive and marriage is subsisting. Second marriage is null and void and though a declaration can be sought but without seeking such declaration the marriage is abinitio void marriage. There can be no cause of action in favour of second husband to proceed under section 495 of IPC. The first husband can proceed under section 494 IPC but not under section 495. 
First husband can charge second husband for an offence of adultery. 
It will be difficult to bring the case under section 420 of IPC as the ingredients of cheating re not available here. 
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
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In your case the  second marriage is illegal .So second husband can move court for marriage is a nullify .The law behind the nullity is marriage should not have happened through the concealment of the facts. And The parties of the marriage should not be in any marriage earlier, and if the marriage has happened, the divorce should have been happened before the second marriage.But the second husband will have to prove absence of knowledge about the correct status of her first marriage.

The first husband can proceed under section 494 IPC but not under section 495. 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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1) second husband will deny that he was aware of her earlier marriage and file for declaration that marriage is null and void 

2) wife cans eek maintenance from hr first husband only as she is his legally wedded wife 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
This is case where it was second marriage of wife and not that of husband. Wife would not be eligible for Maintenance under 125 CrPC or under sec 18 of Adoption Maintenance Act but if husband files a petition for annulment of marriage under HMA , wife shall be eligible for interim maintenance during proceeding as well as permanent alimony.
H. S. Thukral
Advocate, New Delhi
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125 Consultations
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Second husband can deny the maintenance.
Ajay N S
Advocate, Ernakulam
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He can file a petition for annulment of marriage on the ground that the marriage was in subsistence as on the date of his marriage. If annulment is ordered on this ground she cannot claim maintenance.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
 First marriage was disclosed to new husband before marriage. Is it an offence? Do new husband claim for nullity of marriage under section 11 of HMA ? Is either husband suit case against her for bigamy under section 494 or 495 as well as 420? Can first husband file a case of adultery against second husband ?
Whether first marriage was disclosed or not to the second husband, without the previous marriage being dissolved, the subsequent marriage is null and void. The second husband can file a case seeking to nullify the marriage by a decree of nullity on the said grounds. 
Under Bigamy laws, the husband can lodge a complaint with the police.  In fact the latest supreme court judgement says that Proof not necessary for FIR in bigamy cases:   In bigamy cases while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed as it is for the trial court to decide the veracity of the allegations.
The offence known as ‘bigamy’ is committed when a person having a husband or wife living, (2) marries in any case in which marriage is void, (3) by reason of it taking place during the life of such husband or wife. Such person is punishable with imprisonment of either description upto seven years and fine. (Section 494). The prosecution must prove to the satisfaction of the Court that the husband or wife as the case may be was alive at the date of the second marriage. In a bigamy case, the second marriage as a fact, that is to say, the essential ceremonies constituting it must be proved. Admission of marriage by the accused is not evidence of it for the purpose of proving marriage in an adultery or bigamy case.


T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Can second husband move to court for nullify of marriage as he knows the existence of her first marriage as on the date of marriage? Can woman demand for maintenance if yes can second husband denies as it is a void marriage?
Yes the second husband can very well move the court to nullify his marriage by a decree of nullity on the grounds that his wife' previous marriage existed and her husband of that marriage was alive during the time of his marriage with this woman.  She cannot claim maintenance from her second husband as the marriage itself is null and void.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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