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Krish (IT)     10 April 2013

Nullity & void

Hi,

I am australia citizen but Indian born. my question is..Is my marriage nullify in following situation...

  1. I got married to indian girl in Jan 2010. she got her recidency of australia late last year (Oct 2012) and she left me.
  2. I have found out that she was previously married to somone. However, she didn't divorced to her ex husband as per indian law. It was mutual consent on 100 rupees stamp paper and notarised.
  3. She executed that divorce on May 2010 which is 5 months after our marriage.
  4. In addition, in our marriage memorandum her status of bribe at a time of marriage is "Unmarried"

In a nutshell,

she was married to someone while she got married to me . Her divorce wasn't executed until after my marriage to her and she given false information on Marriage memoradum that she is unmarried( instead of married or divorced).

Can this marriage nullify & void in the given circumstances?

Thanks



Learning

 1 Replies

Adv k . mahesh (advocate)     10 April 2013

your marriage is not valied and also she has obtained divorce only through mutual on stamp paper which is not regisered (i think)


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