Query on law
Ms. Dave
(Querist) 31 August 2012
This query is : Resolved
Boy was married to 1st wife but without divorcing her, he married to a 2nd wife. And registered 2nd marriage. Now even if his 2nd marriage is legally to be nulvoid, still if he wants divorce mutually from 2nd wife, is it possible to take divorce instead of nuling?
If 2nd wife ready for mutual divorce can they take it?
what if take div. instead of anulling?
please reply me experts.
Devajyoti Barman
(Expert) 31 August 2012
This is a case of nullity , not divorce.
However if both of then agree then they can go for mutual divorce but then they will have to conceal the earlier marriage.
Ms. Dave
(Querist) 31 August 2012
Boy has already declared in court that his 1st marriage not divorced. But girl did not accept his declaration as she did not know that and came to know surprisingly.
1) Now what girl (2nd wife) should do?
Boy asking for div. in cruelty or nulity any. So are both options there?
2) now if boy tells her for mutual, what kind of mutual is possible ? Mutual Div. or Nulity ?
Sudhir Kumar, Advocate
(Expert) 01 September 2012
One cannot be allowed to take advantage of his own follies.
It is he who has hidden first marriage. So the dictating position has to be the wife and not he.
Devajyoti Barman
(Expert) 01 September 2012
Yes , now divorce is no more possible.
malipeddi jaggarao
(Expert) 01 September 2012
The second marriage is null and void and hence no there is requirement for divorce. The girl can file a case against the boy for cheating.
K.K.Ganguly
(Expert) 02 September 2012
When the second marriage is null & void, ab initio,there can not be any Divorce. The girl should now file a case of polygamy against the boy to teach him a very good lesson.
Ms. Dave
(Querist) 02 September 2012
Sir, I need to know:
1) Whether Mutual consent Anulmnt/nulity is possible?
2) He already filed Div.and Nulvoid ground petition, going on and girl (2nd wife ) already filed bygamy case, going on long. So now to setle mutualy, the boy should take his Div&Annul petition back and we should file new Mutu.Cons.Div. or Annul petition for Nulling it?
3) Is Mutu.consnt.div or mutul. anulment good for girl? how. please guide, this is complicated matteer, need expert views.
Ms. Dave
(Querist) 03 September 2012
Anyone please reply this complicated query !!
Sir, I need to know:
1) Whether Mutual consent Anulmnt/nulity is possible?
2) He already filed Div.and Nulvoid ground petition, going on and girl (2nd wife ) already filed bygamy case, going on long. So now to setle mutualy, the boy should take his Div&Annul petition back and we should file new Mutu.Cons.Div. or Annul petition for Nulling it?
3) Is Mutu.consnt.div or mutul. anulment good for girl? how. please guide, this is complicated matteer, need expert views.
Anish Thakur 7018812737
(Expert) 04 September 2012
respected Author,
the second marriage is null and void when their exists a first marriage ,in simple words no one can go for second marriage without taking divorce from first one except in muslim law.so there is no question of any mutual consent divorce.
