Trapped in a void marriage

Gather proofs of his marriage and file section HMA 13(1)(C) in court.Tell your parents also.

hi hello,

if u don't have marriage certificate its ok.  u have marriage invitation card 1st proof. then u collect 1st wife's infromation. ok. then all to gather give complaint letter  to police station. / court.

Dear Ms Divya Singh ji,

Your marriage is void as per the HMA as no one can marry another if "has a spouse living at the time of marriage".

You apply for the dissolution of marriage in the court under Sec 11 of the HMA read with the Sec 5 (i) og HMA. It does not matter that you do have a marriage certificate or not, if you have marriage photographs, Marriage invitation cards copy of the Groom side and also some individuals who were present in the marriage and also in the gathering of the marriage reception attending the marriage and who can witness in the court for the same. You can get heavy damages plus recovery of all you  expenses of marriage plus criminal punishment to your husband with or with out some fine.

In this case it is advisable to make a police complaint of cheating and fraud with you side by side an petition to declare the marriage null and void with heavy cost and damages as compensation.

For further legal assistance on nominal charges,  you can contact undersigned by email and phone number  given on site. 

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Basically your marriage with him is null and void because he is already married and his first wife is alive. You can very well file a petition seeking annulment of marriage by a decree declaring the marriage as null and void for the reasons cited above.  You can also claim compensation amount to the extent of amount spent on this marriage by your father and also a y other remedy as is permitted by law.  Contact a good advocate (who shall not be greedy) and proceed with the case as advised above.

thank u everyone for their valuable replies...can i file a bigamy case against my husband?? What if he never comes back to India?? Can I file case against his parents too?? 

You can file bigamy and rape case. Bigamy for obvious reason. Rape because he made you have s*x with him by misguiding you that you were married to him.  When someone commits fraud on you, it is acceptable  to give it back in kind.  These are criminal cases. Check the sections under IPC with a good advocate.  You can file many civil cases of fraud and recover all the expenses from him and his parents.  If he is another country, you can file cases against him there too.  Find out in which country and then proceed accordingly.  You can contact an advocate from that country on-line and see if he will work on a contingency fee basis as that is allowed in many countries. What that means is that the advocate takes over the case and as a fee gets a certain percentage of the monies awarded to you. This is NOT allowed in India. There is a whole lot of info that I can give you here but only if you are inclined to move in that direction.

Dear Divya Singh please note the following points which you have mentioned

 

* You never lived with your husband and He never touched you

In this situation how can you say he raped you ?

 

* He was already married to the girl of his choice and even his parents did not know about his first marriage. 

When his parents don't know about his previous marriage then why do you want to trouble old innocent parents and put false cases on them ?

 

Many lawyers will give you advice to file this and that cases but if this guy is living outside India and settled there then other than wasting your life and money on greedy lawyers you will not get anything.As your marriage is not registered so none of the foreign lawyers will even look into such cases.Different countries have different laws and if Hindu marriage is legal in India does not mean that such personal laws are valid in US or other countries.If that was the case then many Muslim countries allow to keep more than one wife will also apply in US :) 

 

Now the case of bigamy is not so easy as if his first wife wants she can file bigamy case against you as you are the second wife so you can also get in trouble.You cannot escape saying he cheated you as before marriage you could also have checked with the registry office his marital status and bigamy puts you and your husband both in big trouble.

 

I see that its your bad destiny that you got into this marriage and my advice would be to ask this guy to pay you the marriage expenses and settle the matter or you can spend your whole life running after court cases and troubling his parents and your husband will enjoy his life with his wife and kids in another country.

Thank you Nitin & Jimmy....

Can I remarry without getting divorce or decree of null & void marriage in this case?????

Yes you can marry again without getting a decree to void your marriage because your marriage was void to begin with. YOU MUST HAVE INCONTROVERTIBLE PROOF THAT HE WAS MARRIED EARLIER BEFORE YOU CAN MARRY AGAIN YOURSELF. His wife cannot file bigamy case against you because you were not married earlier.  The law does not impose any duty on you to check if he was married earlier before you married him, so do not worry about any legal consequences of any kind unless it can be proved that you were aware of his previous marriage.  There seems to be something more to your case then you have described here. 

what you require from the marriage which is not happy married life is most important 

because 

1. your marriage is a second marriage to your husband 

2. he is at fraud by doing second marriage and keeping the first marriage at raps 

3. you cannot frame your in laws in this case because they do not know the first marriage 

4. if nothing was there from this marriage may be you came to know after one year that you are second to your husband best to file for null and void and you would be getting ex parte order and about expenses he is not in india and you have to make your in laws as parties in cheating case and claim the expenses where your husband will come to terms and may compromise 

5. if any one is there who you can marry again even after knowing all the facts then it better to take null and void from court and marry 

Yes, you also can file a criminal case against his parents .

In case he does not come India he can be deported from the country where he is living through the Indian Embassy The notice of court to come in person can be served to him both in civil and as well as criminal cases, rest assure.

He and his parents are co-accused in the fraud marriage by concealing  the fact that he was married earlier.

Please consult a Local Advocate who is expert in the matrimonial laws and non else because many times non experts in the field say something very appealing to you but in fact it is not, so be aware of the wrong advises and consult educated and experienced Advocate as he actually knows how to move in legal cases. 

No, it is not advised at this step that you should marry without getting your previous marriage declared as null and void by court, however this should be informed to court before expiry of the one year of your marriage or within the one year time of the fact of the fraud came to your knowledge, which you please note.

For further steps please see my earlier reply to your quarry.

• In law there is the concept of "void" and another concept of "voidable."  Void means that it is void or invalid in the eyes of law and therefore no express steps are required to get it voided.  Voidable means you have to go to Court or some government office and get it voided through legal steps.  Any advocate who says that something is void and then asks you to go to Court to get it voided is contradicting himself. Like I said, you must have 100% proof of your husband's first marriage and confirmation that he was not divorced at the time of your marriage for you to take the bold step of marrying without seeking anulment of your so-called marriage.  
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• So, if you have found Mr. Right, explain everything to him and his family and go ahead, get married and live happily ever after. If someone raises a legal objection at any time, you can simply claim that the first alleged marriage was not a marriage at all. How could it be when he was already married?  I am not saying that I am 100% right but in general  I can certainly say that there are more educated advocates in India who give wrong legal advice then educated non-advocates. If any advocate claims that your marriage needs to be voided, then he ought to say that it is "voidable" to begin with, not "void. "
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• If you go to Court to get it voided, it will take forever with claims and counter-claims flying. You will be stuck and then it will be stupid to get married without getting the marriage voided because by approaching the Court you would have acknowledged that it was voidable and not void. 

Its pity to see for the sake of money Advocates give wrong advices by saying "Yes, you also can file a criminal case against his parents ."

 

Its clearly mentioned by the author that the parents were not aware about his first marriage then why one should file false cases on parents,brothers,sisters,grandparents and all relatives ???

 

Yes if the in-laws are at fault like some torture their daughter in laws then you may file cases against them.I don't see the author mentioned against against her in-law then why?.If you file any case against your in-laws and if they are innocent which will be proved in court after long court battle then you will only waste your time and get the curse of innocent old parents.

 

You did not mention if your husband is a Indian or a foreign citizen.If he is an NRI with Indian passport as mentioned by Adv. Anand Bali a notice may be given but till now no one got deported on Matrimonial issues.If he is a foreign national then you may forget whatever the lawyers and start a new life.

 

My advice would be to get married without going to court as you have mentioned your husband is already married and settled then in now way he will create any troubles in future or if you listen to advices of greedy lawyers then file all criminal cases against him and his family members and run around court cases and grey your hairs and believe me lawyers will fill their pockets but the chances for you to get some money is 1 in 100.

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