Validation of void marriage

the proper word is CONCUBINAGE

@ Sameer12345

"Above Another Women was also divorcee or was single at the time of marriage?"

She was not single. She got married a man, but it was alleged that her consent was obtained by force and thereten. She did not live with that man and removed the mangal sutra and gave it to him. Subsequently she got separated from him by a divorce deed. She alleges in her counter that it is no marriage in the eyes of law as consent was obtained by force (she says a story that the man put some sedative tablets in cool drinks and draged her to a small temple and tied mangal sutra when she was not in a state of giving her consent) and no customary rits or ceremonies were performed. Therefore she alleges that it is not necessary to get divorce decree from court as far as his first marriage is concerned. She therefore allegs that her marriage with this present second man is valid one. 

We are for the husband pleaded that her 1st marriage is void. Eventhough it is no marriage in the eyes of law, she ought to have got the declaration from court to declare her status before marrying our client (the present second husband). She must cure herself and legally attain the status of 'unmarried' before marrying our client. As she failed in it, she is not entitled for divorce or maintenance. A prior void marriage or no marriage cannot validate the subsequent marriage (which is also unfortunately a void one by the conduct of our client). She is a continuous concubine. This is our stand. Will it succeed?

Replies from / for Sameer are awaited !!

ur client does not fit into the definition of aggreived person.

petitioner is not allowed to take advantage of his own wrongs.

Divorce Deed itself is a proof of her first marriage...

Second Marriage is void.... 

No matter her first marriage was obtained by force...

experts kindly throw light on this weird situation.

A Void Marriage is Void.... Parties doesnt need to be aggreived....

Sir, accoring messgaes first marriage is still continue., and husband second marriage in null and void he is not entitle to pay anything to his second wife and second wife will be called mistress so her real first wife married second time there also her marriage is null and void.  , so who will be charged for bigamy., if any fromfirst wife or first husband  not married he/she can charge to another spouse  or both will face bigamy.

@ Sameer12345

"ur client does not fit into the definition of aggreived person.

petitioner is not allowed to take advantage of his own wrongs."

Our client being a social worker, originally intended to get marry a legally divorcee or a widow as his second wife, after the depart of 1st wife with a man. It was represented at the time of 2nd marriage, that the 2nd wife was a legally divorcee. But in her petition for divorce she admitted that her 1st marriage was dissolved by a deed. Therefore we filed a CRP under Art. 227 challenging the maintainability of the petition under HMA. In her counter she alleges stories and filed the said deed as her document which totally contradicts her plea. She cheated our client. 

Her lawyer knows that she will be defeated in CRP for sure.  When we prepared a detailed complaint, her lawyer pressed for compromise. There is one female child. Therefore she requested to consider her plight and the future of the child and suggested to file joint petition under section 13B and pay money as one time settlement to the child and that lady.

Considering all these and as a goodwill gesture and on humanitarian ground, our client being social worker agrees to give money, if she agrees for amicable settlement of the disputes finally and fully. She agreed to return a plot purchased by our client jointly in her name and further she agreed to unfreeze our client's bank accounts.

A delicate situation...

Above all are the opponents tactics.

There are few suggestion from my side.

1) Don't go for 13B (Mutual Consent)

- Let’s consider Current Non Legal Wife marries third time.

- There are chances that Her Third marriage may not work and Again She approaches court.

- Your Client will have to come again to the court as Second Marriage is void and they have taken MCD.

- THE MOST IMPORTANT POINT in not going for MCD is that, The Girl Child of your client can claim inherited property in future which she is not liable if Marriage of her mother becomes void.

- The opponents are wishing for MCD so that She can avoid taking divorce from her first husband and she can avoid facing First Husband too ( OWN BENEFIT).

- Your Client may not care about her happiness/sadness but again your client has to follow the law and put the truthful facts to the court to make a things simpler for future.

2) At the end of all court proceeding, The Marriage is going to be VOID. So don’t bother about what She says in the court.

- She is currently saying that her first marriage was held without her consent and she is claiming her first marriage to be VOID.

- Here, her claim itself is not supported in any of HMA Sections. She is claiming a Voidable Marriage as VOID marriage. Section 11 and Section 12 are two different Sections.

- Again to claim Marriage as voidable, She must have to approach court before entering into Second Marriage. She has made a Divorce Deed which has no value in the eyes of law. Without Dissolving First Marriage legally, a person cannot enter into Second Marriage.

Maintenance to Child will be awarded in any case. Your client can not avoid it.

@ the author, 

now request the court to dismiss her petition u/s 13B

E N J O Y 

Dear Experts,

Thanks for your valuable suggestions and citations.

We had talks with the opponent lawyer and said that our client is not willing for 13B.

Her lawyer immediately replied that her client will initiate criminal proceedings against our client under sections 495, 420 etc. and she will definitely prove that her 1st marriage was not performed as per rites and ceremonies and further prove that our client's 1st marriage was performed in accordence with hindu rites and ceremonies and certainly punish him with 7 years imprisonment. 

The Opp. lawyer further said that though our client explained that his 1st marriage was dissolved by divorce decree and being social worker associated with law (LLB degree holder) he made to belive her that he has become 'legally single' and competent to marry her and married her. Further he also perused her divorce deed and opined that she also legally competent to marry him. She being the lay person could not able to understand the legal position and believing that she is entering into a valid marriage and married him. Ofcourse these are all false, for which we have the lady's own records to establish she did not submit any documents about her 1st marriage. All that said at the time of marriage was that she was a legally divorcee and till marriage her perents did not submit any records and they blessed the couple to live as fresh couple by ignoring the past bitter incidences. 

Besides that she will initiate proceedings under Domestic Violence Act against our client and complain the matter to Bar Council for disciplinary action.

This is the critical point now. Our client is fearing for the unwanton criminal proceedings.

Take it Easy.

495 and 494 applicable to both Petitioner and Respondent in above scenario.

This is just a threat and if not than your client should be ready for trial and file the same case against them.

It would be better to go for 495 and 494 instead of going to 498a. I hope you can understand.

In the past, such so called wife of void marriage have also filed a RAPE case. It has dismissed with no cost later on after little long battle.