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Arvind S (Executive)     13 August 2013

Is marriage legal/valid?

Hi,

I just wanted to know whether marriage will be valid in eye of law if previous marriage of wife is not dissolved by court. In other words she didn't get decree from court with her previous marriage, she was separated with him on mutual agreement base on notary stamp and after that she is harrashing me in all way and demanding money. this is 3rd marriage done by her with me and this is my second marriage. I have communication evident, that is "mobile call records" where she was threatening me. Even i am threatened by all of her family members. Can i get relief from her with no loss? i have more proof with me where i never demanded anything nor tortured her. Pls. help ASAP. It's question of my life....
:(

Note: My Marriage is just six months old without any certificate by temple/govt authority.

Thanks.



Learning

 15 Replies

Ranee....... (NA)     13 August 2013

did you takedivorce from first wife?Her marriage is void without divoce.

Arvind S (Executive)     14 August 2013

Yes, i have divorce decree from Court in 2011 from my first marriage. Moreover my second marriage is intercast. I would also like to add one thing that she(i.e. my wife) told lie that she had a proper court divorce from her second husband. and when my family asked for proof then only truth came.Her First husband was died long back.It seems that her motto was to make money from marriage. so disgusting.


(Guest)

Freind--------Your marriage is null and void under sec 11 HMA 1955.

 

The sec 5( I)of HMA 1955 suggest that for solemnization of Hindu marriage "neither party has a spouse living at the time of the marriage"

 

just collect all their harrasment and conversations and note evidences and record proofs.

Whatever they are doing now is totaly illegal

Go to your nearest Police station and lodge FIR against them.

File a case of Void marriage in FLY court and take out the CC and keep it safe if they harass you again.

Just refer this CC to your SSP and nearest  SHO.


YOU WOULD BE SAFE NOW !

 

Shantanu Wavhal (Worker)     14 August 2013

arvind, 

ur marriage is VOID

u need to file sec. 11 r/w 5 (i)


do not initiate criminal proceedings right now.

file plain sec. 11 - no need of throwing any allegations

only ground should be - subsistance of her earlier marriage.

if u put frivolous allegations in ur sec. 11 plaint, then she will backfire with 498a etc.


check ur PM

Shantanu Wavhal (Worker)     14 August 2013

filing sec. 11 wont protect u from any of the cases filed by her -

even if ur marriage is declared void by court, the decree has to reach finality.

DV, IPC 406, 323, 504, 504, 34 can be filed by her any time & u have to face it, if filed.

Arvind S (Executive)     14 August 2013

Hi Amit,

If filing sec-11 is not good enough to protect me then what should i do? i m fully screwed up by women's law if she charged false allegation against me.

Does this mean that i have to surrender my life without my mistake?

Is there any 1 in this club who throw light of hope in my dark life??

Regards,


(Guest)

Offence is the best form of defence...

Shantanu Wavhal (Worker)     19 August 2013

2 options :

1) Do nothing - just watch her actions and undergo the effects.

2) File sec. 11 - get Declaration


in both the cases, she is gonna do whatever she wants -

-

harassment is for sure

but it will end somewhere.

Shantanu Wavhal (Worker)     20 August 2013

Originally posted by : NGOKC
ur marriage is void
file a case to get it annuled ,

 

voidable marriages are annulled.


void marriages are JUST DECLAREAD to be void.

Sudhir Kumar, Advocate (Advocate)     20 August 2013

strictly speaking she is still wife of second husband from whom there is no legal divorce. If you accept it as a marriage and still cohabit with her then you are liable for being jailed for adultery as you are aware that she is other man's wife.

Reformist !!! (Other)     21 August 2013

rightly said by sudhir jii and other learned members....

ur marriage is void and just leave this woman if there is no proof of marriage......

Shantanu Wavhal (Worker)     21 August 2013

@raj123, 

no1 else than the first husband can file adultry 497 - 

dont worry - he cant do so - he has already signed the divorce deed.


since u did this marriage with a bonafide belief that the girl is divorce, u dont need to worry at all.



Adv k . mahesh (advocate)     21 August 2013

then file for void of marriage with all the documents or keep quiet

Shantanu Wavhal (Worker)     21 August 2013

dont keep quiate ... file sec. 11.

u will need to do this today / tomorrow


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