Shantanu Wavhal (Worker) 12 November 2011
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:
How long will it take to get an annulment decree ?
SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 13 November 2011
IT DEPENDS UPON THE WORKING OF THE COURT & CAPABILITY OF LAWYER.
Jamai Of Law (propra) 13 November 2011
What I understand from your narrations is that .....
A Hindu woman (who was previously married previoously and separared from her husband but thereisn't a legal divorce decree from courts .......... i.e. she is not a divorcee yet and her marriage still legally subsists) .....
got married to ...............................
A hindu man (who is a divorcee vide a legal decee of divorce. )
Above marriage is void ab initio ............. it has no standing in the eyes of law
In fact wife has committed bugamy which is an offence in hindu law.
Above cases are decides in max two-three hearings.
Since above marriage is void ab initio ..................... If hindu man in abive marries immediately to another woman (not currently married) it would be legal!!!! ........... that man doesn't even have to wait !!!!! But its better to wait for two-three hearing to sort out this above mess.
In above case wife can't even drag prolong the case .......... it is a crystal clear case ........................ she can't even enforce and injuction also if man declares that is is marrying to another woman legally !!!
Shantanu Wavhal (Worker) 13 November 2011
To : Jamai of Law
ya !
ur interpretation of my situation is correct.
thanx for your help
Shantilal Pandya ( Advocate) 11 February 2012
Dear gentlemen !
if the wife saperated form her former husband through customery divorce ie, if a custom among the parties community pemits such a divorce without obtaining a decree from court , the divorce is perfectly valid , it will depand upon such a custom being prevailent among their community ,, such divorce are saved by the Hindu Marriage act , and in such cirmustance it will be risky for husband to to marry again without waiting for decision
Shantilal Pandya ( Advocate) 11 February 2012
A deed of divorce may operate as a valid divorce in the circumstances stated above by me
Shantanu Wavhal (Worker) 11 February 2012
there is no judicially recognized custom of divorce in the community of wife & her first husband.
Shantilal Pandya ( Advocate) 11 February 2012
Please look at section 29(2) of the hindu marriage act where customary divorce is saved from operation of the the divorce proceeding under hindu marriage act whether or not the customery divoce is judicially recognised or not will be an issue in the case , if the issue is previously decided will also be a question to be decided yet .
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