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Mayank   25 April 2023

Marriage without divorce

Dear All,

This is my second query and the victim is same. My sister was fraudulently married under christian marriage act. The boy who is hindu but claimed to be a christian just to marry. We are hindu. The person had many cheating case against him and we had also filed 420 case against him. The chargesheet is filed which says he has committed fraud. The criminal case and the annulment application is pending since 2016 and it is still pending. I hired a lawyer who suggested me to withdraw annulment application as he said its a fraud marriage and we should not ask for annulment from a fraud marriage, its anyways void. 

Now we want to get my sister married. Can we withdraw the annulment and go ahead with the marriage as the previous marriage is fraud. The process is taking very long time. Please suggest. I am looking for a suggestion/ second opinion. 



Learning

 13 Replies

T. Kalaiselvan, Advocate (Advocate)     25 April 2023

Since you have already approached court with a petition seeking annulment of marriage,  it is advisable that you continue this case,  hasten it and get it disposed. 

To get the case withdrawn and marry without any solution for the subsisting marriage may lead to another act of fraud from your sister side, besides,  it may constitute an offence of bigamy. 

Hence ignore the suggestion and better go by procedures of law. 

2 Like

P. Venu (Advocate)     25 April 2023

Yes, the marriage requires to delared annulled by the Court.

Dr J C Vashista (Advocate)     26 April 2023

Well analysed, opined and advised by experts, I agree and nothing more.

Get a decree of divorce before re-marriage.

Sudhir Kumar, Advocate (Advocate)     26 April 2023

NOT UNDERSTODD.

 

WHEN YOU ARE HINDU THEN WHY THE BOY HAD TO PRETENT TO BE CHARISTIAN.

Mayank   26 April 2023

Sir he met my sister with a fake identity. After marriage which she concealed from us also she came to know that the boy is Hindu and till then he had never revealed his true identity. 

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 April 2023

Second marriage without a divorce is unlawful in India unless it is specifically permitted by personal law or custom

Mayank   26 April 2023

We are just concerned as the time is also passing by. We filed for annulment in 2016 and its still going on. There is no judge. In the fraud case the boy went to jail for few days and came out in 3 days. Now to settle he is asking for 20 lakhs. We want to move on as my sister is already 41 years old. 

Sudhir Kumar, Advocate (Advocate)     27 April 2023

He met your sister with fake identity.

 

But for amrrying a hindu firl why should someone using fake identity as Christian.

 

You are not clear with this fact.

Mayank   27 April 2023

He introduced himself as a chirstian boy and was using fake certificates of his friend who is a christian. My sister and the boy got married and registered the marriage as christian marriage. After marriage my sister found some documents which says he has a hindu name. Then he said he is about to convert. There is a gap of 2 years between marriage and their first meeting. The rationale behind lying about the religion is not known to us. 

Shashi Dhara   27 April 2023

It is void marriage  without conversion how they married ,file declaratory suit to declare as void marriage.

Mayank   27 April 2023

Sir we have filed the annulment application in the family court. We are fighting since 2016. 

P. Venu (Advocate)     27 April 2023

You may approach the High Court under Article 227 of the Constitution for expeditious trial and decision.

Saleem Amin Ibni Noorul Amin B   29 April 2023

What does it mean when you said "we're hindu"..
If you're Hindu and the boy is Hindu, what could you do to make it stick that he was being fraudulent?

Does it mean you wanted him to be Christian or since he's not Christian he fraudulently claimed to be one?

And for the second part you've to get a complete divorce because an Annulment is jist for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted.

Since your quiry doesn't meet the criteria only divorce can do so...
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