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second marriage without divorce

Querist : Anonymous (Querist) 04 August 2011 This query is : Resolved 
i am currently living in germany. I am 33 year old. i got love married on 29 of March 2009. My parental home is in District Mansa (Punjab). but i was living in chandigarh and i was knowing this girl and got married.
I an living out of country since 18th of January 2010.
I was very well with this girl and making phone calls and was sending money every month and now i know from some sources this girl was already married with one person and having 3 childrens. and she got marriage with me without divorce, but i was not knowing all this things. now i am knowing all this things from last six months and i am not calling to her.
She has 2 joint bank account, Ration card, Driving licence and passport with me. on all these documents my name is appearing as a husband.
My question is : As she was already married nd having 3 childerns. Is this bigamy.????
Is possible to apply for anullment of marriage u/s 11 .
As i am living in foreign country and unable to travel, Is this possible without appearing me in court?????????? I can send power of attorney to any of my family member......
What is the aprox.time frame for all this process???????
Is this process is too complicated?????
If possible to apply for anulment, as my parental home is mansa..... Where we can apply??? In chandigarh or in Mansa.............
Please advise me in this matter as soon as possible.
Advocate Rajkumarlaxman (Expert) 04 August 2011
See she can be booked for fraud as well if you can prove that it is bigamy and annulment is concerned your marriage itself is not valid as per law as she is already married and to delete the names show her fraud and she will face the consequences. but for all this atleast you have to personally appear in person for filing the case as it pertains to your personal life.

prabhakar singh (Expert) 04 August 2011
yeah!your marriage is void ab initio ,you can book her for fraud.
ajay sethi (Expert) 04 August 2011
1)yes it amounts to bigamy under section 494 of IPC
2)your marriage is void as she has concealed the fact of her previous marriage
3)disposal of case may depend upon the pend ency of cases in family court .
Shashikant V. Patil (Expert) 04 August 2011
Yes, even though it is a abinitio void, you have to obtain annulment decree from the family court.


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