A marriage contravenes clause (i) of section 5 of Hindu marriage act, 1995 (i.e. - First Spouse living at the time of 2nd marriage)
1) The present wife has separated from her 1st husband using a divorce deed at sub-registrar and NOT using a Decree of divorce issued by any court.
2) The present husband has separated from his 1st wife using a Decree of divorce issued by family court.
QUESTION:
To get an annulment decree and charge the wife for bigamy,
If (during the court proceedings) the wife denies her first marriage,
1) Does the 2nd husband has to prove the accomplishment of marriage ceremonies or anything else ?
2) Is the registered divorce deed sufficient to prove her 1st marriage ?
kindly enlighten.
By the way sincere thanx to all the members who have guided me in this regard till now.
