Query for viod marriage

If the marriage was solemnised and registered under the Special Marriage Act,1954 the dissolution of marriage by decree of divorce or annulment of marriage by decree of nullity can be done through the Family Court only. To check if the marriage was ever got annulled or dissolved check the record of the Family Court where the parties live, if no record exists then the marriage is still valid. Your marriage with the woman is Null and Void and that amounts to act of bigamy on her part which is punishable offence under section 494,495 IPC and she can be sentenced to up to 7 years and fine if either her first husband or you want her to be prosecuted. Tell her parents about this wrong.

Her stupid parents made big mistake in getting her married without getting her first marriage dissolved or annulled.

They are telling lies, the lady is wife of another man and indulging in physical relationship with her will put you in trouble u/s 497 IPC for offence of adultery. The divorce or nullity is not granted by any court in such a sort time and nothing done in this case. You should file criminal case against the wife for bigamy and cheating and name her parents as co-accused for instigating her for this offence. The annulment of marriage if she takes from first husband now will not make your marriage valid. You will have to marry after the first marriage is annulled by the court and that may take many years to decide. The mere impotency is not sufficient to get marriage annulled, the marriage was not consummated also has to be proved and how she will prove his impotency, mere stating him as impotent is sufficient, medical experts have to state in the court about his impotency with concrete medical examination reports.

You are being made fool by these people and in your innocence you are listening to these rascals.

There cannot be filling of divorce by mutual consent within one years of marriage, so no divorce by mutual consent in the year 2017, law is like that . Second point the divorce by mutual consent does not have any ground like impotency of husband, that he will agree for the same before the court and even if he does so the court will see the consent of divorce between both to end the marriage by decree of divorce not what is lacking in the husband or wife. The divorce by mutual consent requires 6 months to finalise after filling it, If they file it today they get divorce after 6 months in the month of  Sep,2018 not on back date or month or year.

You are being made fool by all these rascals this thing you are not understanding coming out posting all flimsy things here, talk like educated person not illiterate like them.

You need detailed legal counselling for the case otherwise sooner you'll be in some mental asylum.

Firstly under the Special Marriage Act, there is no ground to nullify the marriage on the relative impotency of the spouse. That is under the Hindu Marriage Act.  Under the Special Marriage Act, it is the wilful refusal to consummate the marriage.  If the previous husband has appeared in the Court and in his Written Statement agreed that he was reluctant to consummate the marriage, then the Court, by taking into account his admission, can nullify the marriage.  Duration depends from Court to Court but there have been instances where such Petitions are disposed off within months. However, stop the speculation and get the papers regarding the same from the Court.  Assuming even if her marriage had been nullified before she got married to you and your marriage is valid, you can file for nullifying your marriage on the ground of fraud/ misrepresentation as such a big thing was hidden from you. 

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

Originally posted by : Mayank Sharma
	@Radhika maam you mean to say under SMA if husband and wife both agrees to dissolve the marriage before one year in such case is it possible for court to nullified the marrige before 1 yr of expiry of marriage??

It cannot be called agreeing.  The Court has to be satisfied there is no collusion or connivance between the parties. But yes under the circumstances mentioned by me hereinabove, yes it is possible. Duration depends and differs from Court to Court.