Validation of void marriage

Cannot be validated by any means. Only a re-marriage after (real) divorce from the first marriage is the only option out. Or by a far fetched document try getting a declaration as that earlier marriage stood dissolved by divorce deed (court may think about granting you relief - only when a custom to that effect is established)

husband can be procecuted for IPC 494 - Bigamy.

second marriage is void ab initio.

customary divorce is a proposition, V E R Y difficult to prove in the court.

S. 494 can be filed by 1st wife.

But the 1st wife after divorce deed divorce, got married another man and living with him with two children..

What to do?

both the wives are included in the definition of aggreived person.

so both of them can file 494.

since 1st wife is already remarried, she wont bother.

beware of the 2nd one.

The husband took a plea that his marriage with the second wife is void, since 1st marriage is still subsisting.

here the hubby is admitting that he has committed bigamy.

Bigamy is not allowed even with consent. (Madras HC)

can a void marriage be validated by any means?

N O.

the 2nd marriage is not voidable - its void.

void is always void

voidable is valid until annuled by court.

@amit

The stance taken by the 2nd seems to be sensible that  she is a lay person.

Shouldn't the guy be prosected for 420 also as he lied to her about 1st marriage divorce.

The husband did not conceal the fact of his separation of his first marriage by divorce deed, to the second wife.

so 420 is not applicable.

The second wife in her counter says that she is s lay person and she could not able to understand the legal position

lack of knowledge is no defence.

void = always, in any situation, for all purposes, may be due to any reasons, at any time void

In case of void marriages, neither delay nor conduct can impose bar on Decree (Halsbury).

10 years later, the second wife filed a petition seeking divorce.

since the marriage is void, divorce is not applicable.

she should file for sec. 11 rather than 13.

Sir, pls advise if any couple  ( A & B ) made   deed of divorece  and registered in  sub registrar  ( no any court divorece.or court decree ), and later both married with C & D , will the nesx marriage of both A & B is legally, whether boths spose are will be count legally wife and husband of ( C & D ) , what will be the reall position of their legally in future. pls advise.

deed of divorece  registered in sub registrar's office is not valid unless & until A & B are governed by personal law. (customary divorce.)

second marriages of A & B will be void.

this is because, divorce was not known to Hindu community

marriage was considered to be a sacrament

the concept of divorce was introduced to Hindus by hindu marriage act in 1955.

Marriage of A & B is valid and still sustaining

Other Marriages of A and B is a PROSTITUTION in General Words... and It’s a CRIME in the eyes of Law.

Very well said by Amit.

Above Another Women was also divorcee or was single at the time of marriage?