Annulment of marriage
Guest
(Querist) 22 October 2020
This query is : Resolved
I m hindu. I married to muslim girl in 2005 after her conversion accordance of arya samaj marriage. But girl left me after few days. No child born. After that she never came back. As she doesn't recognise this marriage.
After so many pursuance , an agreement was signed between our families that we both doesn't recognise this marriage . And we are living as per our belief and customs . So marriage has no validity for us.
After that girl and me both married in our respective religion in 2011.
Recently many court verdict says conversion for marriage purpose make the marriage null and void.
Please enlighten us.
1. Whether our first marriage exist, even not contested by any one. And girl also admitting she not converted.
2. Whether this marriage is void as per section 11 of HMA As section 5 is not followed on this marriage as per agreement.
3. Or I have to take decree of nullidity from court. But currently I don't know where about the girl.
Please guide me.
Raj Kumar Makkad
(Expert) 22 October 2020
Legally your previous marriage still subsist but forget that chapter as matter stands dead now with the act and conduct of both the parties.
P. Venu
(Expert) 23 October 2020
Yes, there is no need to rake up issues which are settled to their finality.
Rajendra K Goyal
(Expert) 23 October 2020
Marriage was not divorced legally through a legal procedure. At present there is no problem from any side, forget till any such problem is there.
Dr J C Vashista
(Expert) 25 October 2020
The marriage has not been dissolved by a decree of divorce. Legally it is valid, continue and subsisting despite the fact both of you have compromised in society and do not have any problem and resettled in your subsequent marriage, which is void.
Dr J C Vashista
(Expert) 25 October 2020
When neither of the parties have any problem let the life may move, do not open new Pandora.
Guest
(Querist) 26 October 2020
Dear Sir,
Your reply is well taken. As per vague legal understanding this marriage is still subsist. If we go through the Hindu marriage Act.
But my contention varies from all your point of view.
1. this is a fake conversion. Conversion of girl happened only for marriage purpose. It serve only the legal purpose. As formalities of section 2(c) of hindu marriage act. Which is proved malafide and for only legal formalities for marriage according hma. and it does not bear any conformity and conduct of the girl is not consonance of the conversion. As also mentioned in the said agreement. And consequent his government records mention her name as Islam.
2. Various famous HC and SC judgement and recommendation of law commission does not validate such conversion For section 2(c) of hindu marriage act.
So itself it does not follow the condition of section 2 and section 5 of Hindu marriage act.
So based on this section 11 of Hindu marriage act it's is void marriage. If challenged by either party in the family court.
Please state if you find any irregularities in above understanding.
Guest
(Querist) 27 October 2020
I don't find you are expert any more. Talking in vague manner. First read the law and finding in the above case then comment.
P. Venu
(Expert) 27 October 2020
It is not expertise, but commonsense that makes life.
Certainly, both you and your first wife can opt for making complaint against each other for bigamy and testing the validity of your understanding!
Guest
(Querist) 27 October 2020
No offense. Need only expert opinion. i also know common sense.
Question here arise whether this marriage is void marriage or not.
Why the question of bigamy arise , when this case is settled amicably.
If i would to testify the understanding for this case. I will file petition for nullidity not for bigamy.
If you well versed with the law then comment otherwise common sense I know very well.
P. Venu
(Expert) 27 October 2020
Thanks! I understand.
Guest
(Querist) 27 October 2020
Open for discussion for those expert. who believe they are well versed in family law and hindu marriage act. please negate the point mentioned below. Simply saying valid or invalid is not sufficient.
1. this is a fake conversion. Conversion of girl happened only for marriage purpose. It serve only the legal purpose. As formalities of section 2(c) of hindu marriage act. Which is proved malafide and for only legal formalities for marriage according hma. and it does not bear any conformity and conduct of the girl is not consonance of the conversion. As also mentioned in the said agreement. And consequent his government records mention her name as Islam.
2. Various famous HC and SC judgement and recommendation of law commission does not validate such conversion For section 2(c) of hindu marriage act. So itself it does not follow the condition of section 2 and section 5 of Hindu marriage act. So based on this section 11 of Hindu marriage act it's is void marriage. If challenged by either party in the family court. Please state if you find any irregularities in above understanding.
Sudhir Kumar, Advocate
(Expert) 27 October 2020
I could have elaborated the issue further on the aspect of bigamy. But unfortunately the type of language used by the querist restrains me from offering any further charity.
Guest
(Querist) 27 October 2020
No offence. no need to take it personal. I am not talking about the bigamy issue,
I am well aware the bigamy case and effect of 494 IPC and who can initiate the complain.
unnecessarily you are stick in that point of view.
and be precisely my simple question "whether this marriage come or it can come under the ambit of Void marriage under section of 11 HMA with violation of section 2(c) and 5 of HMA keeping view of above mentioned facts in mind if contested in the court.
Rajendra K Goyal
(Expert) 27 October 2020
I also withdraw from conversation please.
Guest
(Querist) 27 October 2020
Your kindness sir. But I genuinely did not want to offend any one. Any how thanks to everyone for submitting your views.
Isaac Gabriel
(Expert) 27 October 2020
It is my view that both of you are above law in making hiatory and precedentce.Wish you trouble free life and settlemant.
Guest
(Querist) 27 October 2020
Humbly to state it Seems like you are custodian of law or justice of supreme court.. I have not asked you to reply if you are not well versed. Keep your opinion with yourself.
I have also a sufficient experience in law matters. Perhaps have better understanding of law than you. If you have substance in your reply that comment. Otherwise please don't reply in vague manner.
Guest
(Querist) 27 October 2020
And for your kind information, there are many orders from SC and HC , where such history and precedence already been established . I will not be the only one in such cases. If i have to contest.
Guest
(Querist) 27 October 2020
https://www.google.com/url?sa=t&source=web&rct=j&url=http://lawcommissionofindia.nic.in/reports/report235.pdf&ved=2ahUKEwjJnJOrntXsAhU_8HMBHX95CIoQFjAAegQIARAB&usg=AOvVaw2_9MaR_8AlZIEFiCp6lagr
Or read law commission report for freedom of religion recommendation of uttar pradesh government .
There you will get many reference of such court verdict and recommendation for so called history and precedence of your understanding.
Guest
(Querist) 27 October 2020
Most of you are really a great person and hope so great lawyer. Recently CJI has stated that most of the lawyers are not worthy for practise. Seema true here. Most of them treat them as a judge itself. No one has answered me in substantial manner. All the here to declare their verdict.
Anyhow great experience.
Now my query is resolved. Please don't reply further here.
