Narasimha (Engineer) 09 January 2012

Cancellation of divorce

Dear All,

I am trying to help one of my friends wife who needs help.....Request your opinion in this ASAP.

Below is the Case:

My friend XXXXX has done Love marriage 3 years back in registered office. They were happy all these years and have a beautiful daughter of 1year. Now, he is in love with another women and convinced first wife for giving the Divorce. First wife knowingly or unknowingly signed the documents, and its been more than six months and court has given the decree. She didn't know that her husband is planning for second marriage. He convinced her to stay in his house even after the divorce too. So she agreed. Now she came to know that he has done second marriage (In register office). She wanted to oppose. What is the best way to go forward.

Questionaire:

1) Can she oppose the second marriage even after divorce?

2) In this process can the second marriage be cancelled?

3) She wants to continue to live her life with her husband. Is it possible to cancel the divorce taken?

4) Can we put a case against to him saying he has taken the divorce forcefully from his first wife? This should not effect his job and he should not be prisoned.

My intension is to cancel the second marriage and divorce from first wife.

Please suggest the best solution so that they can live together.

Thanks in advance

Narasimha

8790988990

knr7358@gmail.com

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6 Replies

Shantanu Wavhal (Worker) 10 January 2012

the husband has committed bigamy knowingly and with full planning.

he has cheated his legally wedded wife.

the divorce is taken by fraud & seems that the decree is granted ex parte in the absence of the first wife. this divorce is challengable & must be challenged by the first wife.

such a husband person deserves sever punishment.

494.	Marrying again during lifetime of husband or wife
495.	Same offence with concealment of former marriage from person with

Shantanu Wavhal (Worker) 10 January 2012

the second marriage is void ab initio. (no marriage in the eyes of law)

https://punjabrevenue.nic.in/hmrgact(1).htm#Voidmarriage

both the ladies can and should punish this criminal

Sameer12345 (SSE) 10 January 2012

1) Can she oppose the second marriage even after divorce?

>> Second marriage is a valid marriage as court has disolved the previous marriage by giving the divorce decree.

2) In this process can the second marriage be cancelled?

>> There is nothing like cancelation of marriage in law

3) She wants to continue to live her life with her husband. Is it possible to cancel the divorce taken?

>> Divorce can’t be canceled, if Divorce is given ex-party, than it can be challenge in upper court.

4) Can we put a case against to him saying he has taken the divorce forcefully from his first wife?

>> Has Her husband put a gun on your head and taken divorce? than Yes, You can say divorce is taken forcefully.

This should not effect his job and he should not be prisoned.

My intension is to cancel the second marriage and divorce from first wife.

Please suggest the best solution so that they can live together.

>> Wife is no more wife now, She is divorcee. Suggest Girl to go for live in relationship.

1 Like

rajiv_lodha (zz) 10 January 2012

I suspect the truth in authors words:

First wife knowingly or unknowingly signed the documents, and its been more than six months and court has given the decree

Do u think it was a MCD deed???? Even if yes what happened 2 1st motion, 2nd motion....! How come the hubby managed to take MCD without girl appearing at court in person?

If it was something else to get an easy, concealed divorce, WHAT WAS THIS MYSTEIOUS DOC in the eyes of law!

Facts seems to be scewed!

Dr J C Vashista (Advocate) 11 January 2012

Nothing can be done at this stage when first wife has consented in mutual divorce decree. She has to live as it is, however, she canfile a cheating case which will be fruitless.

Second marriage after proper divorce decree is valid and cannot be challanged