Null or void marriage of muslim boy vs hindu girl muslim boy

Interesting brief;

1.    Hire an advocate found via reference if legal papers is what your friends wants for re-starting her life.

2.    No citizen of Indian origin not even a Muslim can marry second time during his first marriage in existence under the Special Marriage Act, 1954 is import of your placement of The Act, 1954 in short.

3.    Further be noted that the unmarried status of both parties to Marriage according to the Special Marriage Act, 1954 Act is most important condition for a valid marriage under this Act, 1954.

4.    As rightly placed before us; the persons getting married not only make statement on Oath in the form of respective Affidavits that they have unmarried marital status but it is also the statutory duty of the Marriage Officer to ascertain the unmarried status of both parties to the marriage. I see ‘coercion’ element here.

5.    Her Muslim husband can marry your friend while his first marriage is in existence according to the Muslim’s Sharia Laws only that also after converting your friend to Islam religion. If he would have done this then only it is called a legal Muslim Marriage for the purpose of this brief.

6.    Having explained what you also more or less were in doubt about it, your friend sis suggested to approach Civil court and dissolve the marriage showing earlier papers of marriage and how she was unaware of frauds committed upon her and once civil court grants Decree which is summary procedure more or less as per expansion of your placed brief she is free to get re-married with peace of mind is our opinion.

So the person has hidden earlier marraige from you . Reply is it correct?

She does know the fact at the time of marriage ,but the person misguided her that he has not registered the earlier marriage .... but as she now want to get rid of this marriage.. 

1)     AS THE SAME WAS KNOW TO HER BUT SHE WAS MISGUIDED THAT HIS EARLIER MARRIAGE IS NOT LEGAL OR REGISTERED, kindly confirm whether his presence is required if we file a case in null & void. Can we get an exparte in such case,if he doesnt turned up.

2)      If we file a case in null & void marriage what complication will occur

1) By Court 2) By the person & how we can defend the same.

  3)  Do we require taking his wife statement that he is still wife of the person. can we go through the police or through a advocate for such thing does this will help in future as pre emptive measure. Also if we take his brother statement will it help us ?

4) Can we file a case of fraud through court or police or both.

If he has told him that he has not registered the earlier marraige then it is clear that she was aware that there was earlier marriage and she is not cheated.

But since mrraige with hindu and muslim is possible only in Spl Marraige Act, she has been putunder the impression of being a legally wedded wife and started living with him.  The person becomes guilty of rape.

She never stayed with him & neither wants to stay with him, can we get an exparte if he doesnt turned up if we file case for null & void.wiil it be a difficult process to get rid of it.