Fraud marriage of Married man

Where is he?

India or abroad?

I am not a lawyer.So don't know too well.But I think your can check from marriage registrar office of the city where he has his home in India.They can tell if he was married.

Or hire a detective if you can afford.Ask him to cllect valid proofs that come handy when you go to court.

He is in India. I'm abroad.

His wife and in laws found out about his marriage somehow and they called me. He was also there and said "it was a mistake" ???????

If he was married  at the time of the marriage, than mine was a valid marriage?

No it's null and void

How can an adult make a mistake?

Good that you are acting responsibly and taking legal advice,rather than sticking to this sh*t person.

I don't know much,but I am sure you can file a case against him for fraud.Wait for legal experts to advise.

If legal experts can advise...

what kind of legal document I require? Do I have to get his marriage certificate? or how to request legal documents in court? Should it be In India?

Yes,  legally I was not married. However, just to be on the safe side, I think I would obtain some kind of legal document or written opinion from a lawyer. Just so that you have something to pull out of my files on the off chance this ever comes up in the future and I have to prove the marriage wasn't legal.

 

To obtain the copy of the marriage certificate you can apply for a certified copy of the marriage certificate under the right to information act before the concerned Marriage Officer. After obtaining the said copy you should immediately lodge an FIr in the police station in this regard and also file a case for divorce.

THE SECOND MARRIAGE IS VOID AND PUNISHABLE U/S 494 OF IPC.

494. Marrying again during lifetime of husband or wife. 494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

Thank you very much.

I'm abroad, Do i have to be in India to file for annulement or I can hire a lawyer from here?

sp,

in your case your marriage is null and void "ab initio" ie. from starting your marrige is null and void.

so you niether need any dicorce nor any decleration from court in this regard.

for teaching him lesson you can file a case against him u/s 493 and 495 of IPC

explaination of these sec has been given by Mr. Arup

Good Luck

"Null and Void marraige is null and void ab initio and not need a decree of so. If a court passes a decree it only declares that the marriage is null and void, not it makes the marriage null and void."

 Leela vs Laxmi  1968 Allhabad Law Journ. 683

"Parties of Null and Void marriage can ignore their marriage and can remarriage but in voidable marriage parties can not do so until and unless they can get the decree ."

Krishna devi vs Tulsa AIR 1972 305

Thanks Mr. Pranjal for correcting me.

Ms SP,

please excuse me it is wrong to say that, you may apply against him u/s sec 494 because the lucus standi is for legal wife not you.

but you may apply u/s 493 of ipc, for which you  have the lucaus standi under crpc, which reads as bellow.

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.--Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have s*xual intercourse with him in that belief, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

reg 'null & void, mr pranjal is more correct.

it is yr option (MS. SP) whether you want a court's declaration or not

a null and void marriage is null and void in it's very begining.