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Divorce lady marrying again as single

(Querist) 08 August 2014 This query is : Resolved 
a Divorce woman has married again and registers second marriage under witnesses that she is single.accordingly marriage certificate is issued
At the time of second divorce proceedings can it be said that her second marriage is null&void

ajay sethi (Expert) 08 August 2014
second marriage during subsistence of earlier marriage is illegal . file for annulment of marriage
Guest (Expert) 08 August 2014
Mr. Pradyot,

How you are related with the problem?
Laxmi Kant Joshi (Expert) 08 August 2014
If any spouse solemnized the marriage during the lifetime of their partner or without taking divorce from the court , such marriage will declared as null and void , file case to nullify your marriage u/s 11 of HMA .
Anirudh (Expert) 08 August 2014
Once a lady is divorced, naturally until 'remarriage', she will be 'single'.

Therefore, if she says that is 'single', there is no misrepresentation or fraud.

Therefore when such a Divorced lady, gets remarried, there is nothing wrong about it and the question of the marriage being declared as null and void under the HMA simply DOES NOT ARISE.

V R SHROFF (Expert) 08 August 2014
Anirudh understood the problem;
he was divorced, so marriage is legal & binding ..
Pl reply Shri Dhingra ji's Q.
Rajendra K Goyal (Expert) 08 August 2014
Agree with the expert Anirudh ji.
Advocate. Arunagiri (Expert) 08 August 2014
I am having the similar opinion and agree with Mr.Anirudh.


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