Op os
rsraghukumar
(Querist) 12 April 2012
This query is : Resolved
sir i filed OP to declare my marriage as null and void on the ground that the girls first marriage is in subsistence with another person.
sir that first husband before three days of second marriage with me,filed Suit along with IA Injunction Petition to stop second marriage. Accordingly Court has granted injunction order. the girl is D1, me D2 and her father is D3. injunction order, notices and summons served on D1 and D3. but they both refused those orders, notices and summons performed second marriage.that notice was not served on me as first husband was not knowing my adress at that time when he filed the Suit. if i would have known that issue i would have stop marriage with that girl. my bad luck sir. first husband not filed contempt of court. the best reasons known to him only.
sir i came to know that SC and HC judgements are there that when marriage is performed when injunction order is in force, that marriage is void under law. is it correct sir? if so please help me ingetting that type of ciation. my appeal is in pending. i will file in HC.
thanking you sir.
victim after marriage.
Raj Kumar Makkad
(Expert) 12 April 2012
No. High Court shall not stop its proceedings merely because the appeal on the part of the respondent is pending before the district court in another suit.
Deepak Nair
(Expert) 12 April 2012
Please search the archives of the Experts section for your answers. This topic has been extensively discussed by the experts here.
Any way, whether injunction is there or not, the second marriage is vooid during the subsistence of the first marriage.
