Is second marriage during an ex party divorce case valid

Ms. S Agrawal!

Please refer Sec. 17 of the Hindu Marriage Act which reads as follows"

"Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

Condition for second marriage to be valid

The mere admission by the respondent that he had contracted second marriage is not enough. The impugned marriage must have been solemnized that is, the marriage should have been celebrated or performed with proper ceremonies and in due form; Bhaurao v. State of Maharashtra, AIR 1965 SC 1564.

Essential ceremonies required for bigamy

If the marriage is not a valid marriage, it is no marriage in the eyes of law. If the marriage is not a valid one according to the law applicable to the parties, no question of its being void by reason of its taking place during the life of the husband or wife of the person marrying arises. Having regard to section 17 of the Act the essential ceremonies set out under the Act had not been conducted and merely because there was distribution of sugar or gur it would not constitute a valid marriage; Surjit Kaur v. Garja Singh, AIR 1994 SC 135."

If you have performed marriage at Temple and not as per customs and rites then it is not a valid mariage in the eyes of law.

Hence, it cannot be void.

Regards

Adv. Rohit Dalmia

9324538481

Ad. Rohit is Right....but with lil twist his ans is wrong.

Hindu Marriage Act is not applicable on ST SC person, so they can marry more then once....Right..?

Dear Ms. Agarwal ur question is incomplete as u didnt mentioned the date of marriage...even after decree a divorcee can not remarry again till time of the appeal has lapsed.

Amit Gupta

The SC/ST laws are like the gender laws in reverse. You are guilty until you prove your innocence.

I have put the same question but lawyers are only answering legal terms case study etc but not addressing the exact problem. The QUESTION ASKED IS 1. Remarriage with ex-party divorce. Is it a valid one as the other side does not even know that divorce suit has been filed.

2. There are registered newspapers which have no circulation. Wife stays in another part of the country so will never read a newspaper advertisement. So how can it be accepted? It must be scraped, Wife/Husband has to appear in person? If they fail divorce suit should not be allowed to proceed. In most cases, the incorrect address is provided to the court. For this act, one must be punished

The question of Mr. Subroto Sarkar is different. If the court has already issued order and the waiting period for appeal is over remarriage is valid.

But is it fair? The other side does not even know of this order. If he is living in one region of INDIA and the suit is filed in another region there is no way the opposite party can know this.

What it should be according to you?  You have to be fair to the person who wants to remarry also.