Secound marriage
Anand
(Querist) 26 November 2012
This query is : Resolved
A & B married in 20/06/2008 in Maharashtra.
A birth date 02/08/1984 and b birth date 29/12/1993
But A was neither 24 year old nor B was 15 years old...
(first marriage not registered till date)
During 3 year after marriage, they got child date is 07/08/2012
than A get another marriage with girlfriend court marriage date is 26/12/2011
Now,
(1) is it possible to Registration of first Marriage ?
(2) which one marriage is legal?
ajay sethi
(Expert) 26 November 2012
under Prohibition of Child Marriage Act, the marriage can be negated on this premise if an appeal is made by the minor partner.
in your case your wife was minor at time of marraige . 4 years have [passed and your wife did not challenge validity of marraige
The legislature while drafting the provisions of the HMA had deliberately excluded marriages in contravention of the age condition from the class of void or invalid marriages
your second amrraiage is illegal
Devajyoti Barman
(Expert) 26 November 2012
The underage marriage is not void. It is very much valid.
The second marriage is very much void.
The first marriage can now be registered under Hindu Marriage Act.
V R SHROFF
(Expert) 26 November 2012
"" A get another marriage with girlfriend court marriage date is 26/12/2011"" So A will go in Jail if B complain
B is legally wedded wife of A
R.K Nanda
(Expert) 26 November 2012
no more to add.
Guest
(Expert) 26 November 2012
A's first marriage is irregular and not void. His second marriage though is void and he is liable to be prosecuted under S.494 IPC as he married during the subsistence of his first marriage which was not illegal. The first marriage can be registered.
Ashish Davessar
Advocate
Punjab and Haryana High Court
Supreme Court of India
Raj Kumar Makkad
(Expert) 28 November 2012
I think the main query of the author relates with the registration of first marriage. I am of the considered view that unless both husband and wife are not agree, first marriage cannot be got registered at this stage. As husband has re-married recently, he shall not become agree and therefore practically first marriage cannot be got registered at this stage.
