• Decree of restitution and divorce

A (Male)married B in 2014 .(Love marriage ,kept in secret, , Continued co habituation)
A also married C in 2015 due to family compulsions but didnot have conjugal relationship.
C realized A cheated her by hiding first marriage and left A after 10 months of marriage but also threatened B to leave A.

Now both B and C are not living with/ talking to A.

A wants to dissolve marriage with C legally  and restitute with B.
Suggest legal Advise
Asked 7 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hello,
1) The marriage with C is null and void and therefore it can not be dissolved but declared Void by a court order. If C is agreeable you can move a petition and get the marriage decreed Void. You may have to pay her a compensation to get her to agree to it.

2) As you have already married B the marriage is still valid and subsisting. You need to get her back with you. Once you have obtained a decree of Nullity of the second marriage, you can file for Restitution of Conjugal rights to get B back.

3) Before you initiate legal steps it is advisable to initiate talks with the parties concerned to get their consensus as you have to deal with two opposing parties who are equally aggrieved.
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
1)second marriage during subsistence of earlier marriage is null and void 

2) let C take intiative  of filing for divorce or annulment . If you file she may file case of bigamy against you 

3) You cannot force B to stay with you 
Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
5.0 on 5.0
A's marriage with C is void, and can be declared so if a petition for nullity is filed by him. So he cannot dissolve a marriage which legally does not exist.
Ashish Davessar
Advocate, Jaipur
19588 Answers
507 Consultations
5.0 on 5.0
The marriage is with C is null and void and hence only a suit of nullity can break this marriage.

Since B continues to be the legally wedded wife of A , there is no separate proceeding is required to restitution the marriage with her.
The aprties willingly can revive their marital life.
Devajyoti Barman
Advocate, Kolkata
6911 Answers
78 Consultations
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1. 'A' should convince 'C' to agree for Mutual Consent Divorce after 1year of marriage and the couple must have lived separately for 1year.
2. Under the given circumstances, MCD is the best option which makes divorce less stressful by saving time, effort and money.
3. By avoiding long litigation, couple can move on with their lives just after 6 months' of filing for divorce.
4. In MCD the couple can mutually come to an understanding about returning of articles, rightful division of finances & assets, agreement over maintenance or alimony to be paid to the spouse, etc.
Shashidhar S. Sastry
Advocate, Bangalore
1302 Answers
71 Consultations
5.0 on 5.0
Please be careful in taking any decision in the matter ,as A as per HMA has committed bigamy and B can file a case of bigamy under sec 494 IPC.
2.The marriage of A is Void ab initio,however, it is suggested that A should take a declaratory decree from District Court annulling his marriage with C. 
3. A should contact a family lawyer of the area to safeguard his position legally in this regard. 
Sushil Jha
Advocate, Patna
193 Answers
2 Consultations
5.0 on 5.0
1) it is C who has to move court for declaration that marriage is null and void on account of subsistence of earlier marriage 

2) A cannot file petition for nullity as he cannot take advantage of his own  wrong

3) A should not file for divorce 
Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
5.0 on 5.0
.

Section 23 (1)(a) of the Hindu Marriage act reads as under:- "23. Decree in proceedings.

(1) In any proceeding under this Act, whether defended or not, if the court is satisfied that-

(a) any of the grounds for granting relief exists and the petitioner except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub- clause (c) of clause (ii) or section 5 is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief,"


interpretation of Section 23 (1)(a) of the Act would be that a person who is guilty of a wrong, entitling for the relief of a decree of nullity or divorce cannot take advantage of the said wrong to claim decree of divorce.
Ajay Sethi
Advocate, Mumbai
27338 Answers
1486 Consultations
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A is liable to be criminally prosecuted for the offence of bigamy as he married C during the subsistence of his marriage with B. So he can keep quiet and go back to A.
Ashish Davessar
Advocate, Jaipur
19588 Answers
507 Consultations
5.0 on 5.0
A's marriage with C is null and void hence C can file a petition for seeking nullity of her marriage with A.
B can sue A for committing bigamy by marrying C.
B can refuse to live with A for the reason of his bigamy.
A can no doubt file a RCR case against B.
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
A is ready to accept the fact that he married C ,concealing first marriage and did not have conjugal relationship with C even though they lived under one roof for 10 months and she staying at her parents house since 8 months.
Advise me How A can approach Court to obtain decree of Nullity for marriage with C.

A can file a petition seeking nullity of his marriage with C for the reasons that he was forced to marry C especially while he was already married to B and his previous marriage is subsisting as well as the spouse is living. 
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0

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