second marriage without divorcing first husband
Katha hui
(Querist) 17 August 2016
This query is : Resolved
hi experts,
I need ur valuable advice on the below issue .pls help me out.
my sister married first time when she was 17yr without registry. only photo proofs we have.after 7months my sister left her in-laws and no contact with her husband. 3yrs later she got married a guy with proper registry.is her second marriage will be valuable or it will be void marriage ?????
or she needs divorce from her first husband, because that time she was 17yrs and married was not registered ???? pls suggest me what she will do to valid her second marriage..
Devajyoti Barman
(Expert) 18 August 2016
Without divorce from first husband her second marriage is void and she can be criminally prosecuted for bigamy.
Ask her to take divorce first from her previous marriage.
Katha hui
(Querist) 18 August 2016
Thnk u for ur advice,but when my sister was first married tht time she was 17 only..so divorce will need?
Sudhir Kumar, Advocate
(Expert) 18 August 2016
everyone (including girls parent) who participated in 18(-) girl can be jailed.
the husband can be tried for rape.
this marriage never existed.
Advocate Bhartesh goyal
(Expert) 18 August 2016
As per Child Marriage Restraint Act,.marriage of any male bellow 21 and female bellow 18 is voidable and any party to such marriage can get it declared null and void by competent court having jurisdiction.
Advocate Bhartesh goyal
(Expert) 18 August 2016
As per Child Marriage Restraint Act,.marriage of any male bellow 21 and female bellow 18 is voidable and any party to such marriage can get it declared null and void by competent court having jurisdiction.
Katha hui
(Querist) 18 August 2016
Thank u for all the advice...but my sister is not clear about that for second marriage should she will get divorce from first husband or not?if she marry again then divorce will require from first husband or she can do registry only with second husband?because when c was married tht time c was minor..and didnot register her first marriage..plss suggest..