priya (intern) 07 May 2012

Is marriage null and void?

I got married and came to know that my husband was earlier married to this woman for 1 year and then managed to get an exparte divorce and kick her out of the house.The woman then filed for rape and cheting and got him in jail for 18 days and later he was released on bail.This case started from year 2009 and he got null and void decision from court and she challenged it in year 2009 and he got married to me in Nov 2010 and the marriage was still not dissolved as she challenged the null and void.

I stayed with him for 1.4 years and now I want to file for divorce and different lawyers are giving different opinions.

First is-

My marriage with him is null and void with him as he has not yet got divorced and their consent letter is dated 24-Mar-2012 so techniclly he is married to her till Mar-2012.

Second is-

My marriage with him is not null and void as I stayed married to him for 1.4 years.Is there any law rule which states that marriage is not null and void if you have stayed married to that perosn for 1 year or more?

Can anybody suggest?

Will bigamy be applicable?

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2 Replies

Adv. Chandrasekhar (Advocate) 07 May 2012

To give definite answer to your question, the following clarifications are required:

1. When the first marriage took place? Whether it had taken place as per religious rites and customs?

2. Whether he filed divorce case or annulment case, where he obtained ex-parte decree. On which date this decree was passed.

3. What case first wife filed? When did she file it? Whether rape case under Section 376 IPC or appeal contesting the ex-parte decree.

4. Whether appeal is pending in HC or not?

5. When has he married you?

Answer lies in the clarification of above questions.

Alkesh Agrawal (Advocate) 07 May 2012

Ma'am,

As per my understanding of your problems, I would like to suggest that there is no law which says that if you are married to a person for x years, you cannot claim the marriage to be null and void. So as long as the grounds for claiming the marriage as null and void exist, no matter how long you have stayed with him, the marriage will be null and void.

If the High Court where his previous marriage is in dispute also decrees that his previous marriage is null and void, in that case your marriage to him will be valid. But, if the High Court does not declare the marriage to be null and void then in that case details will be required as to exactly when did divorce happen. Also, you have mentioned about consent decree, what was this regarding. If you mean to suggest that through this consent decree both of them have got divorced and have settled the case, in that case your marriage to him is null and void and he has also committed the crime of bigamy.

However, as mentioned above by Mr. Chandu, the facts as provided by you are not enough to answer your queries. Further, please provide the details as to the consent letter and its contents over and above what Mr. Chandu has requested.

please feel free to contact me in case of further queries by email.

Alkesh Agrawal

alkesh.ils@gmail.com

09099040835

Is marriage null and void?

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