poppu (none) 04 May 2010

Void mariages -- any lawyers please answer

Hi,I saw the following in one site

Void Marriages
A marriage is automatically void and is automatically annulled when it is prohibited by law. Section 11 of Hindu Marriage Act, 1955 deals with:

Nullity of marriage and divorce- Void marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.

Bigamy - If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary.
Interfamily Marriage. A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption.

Marriage between Close Relatives. A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs.

If a marriage falls under this category does the person has to appear the court to file an annulment?One of my friend married his paternal first cousin and now both of them in lieu of their parents worries decided to move forward with next marriage..Is it neccesary to file a petition for annulment in this case?Does the new spouse (whom they will marry) has the right to file a case if they find out their old registered marriage in future,

Please let me know ASAP

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8 Replies

(Guest)

its better to get a legal stamping of void marriage. ya if next marr partners find this fact supressed they can too file under hma section 12 1 c for concealment of this fact under category fraud.

1 Like

Suchitra. S (Advocate) 05 May 2010

In a marriage, if anything goes wrong, then it has to be declared by the court as regarding the status of marrriage, be it a divorce or nullity of marriage or void marriage. The spouses cannot get simply married again even if falls under void marriage. It has to be declared by court to prevent further complications that may arise in case they get married for the second time.

A petition has to be filed before the court to get a decree in this present case. And yes, the second wife may sue her husband if he marries her without taking a decree from the court as to the status of his first marriage.

2 Like

Arup (UNEMPLOYED) 05 May 2010

in case of void marriage, going court is optional as the marriage is 'no marriage in the eyes of law.

1 Like

poppu (none) 06 May 2010

Doesnt the replies (Suchithra'a and Arup's)contradict to each other?Can anyone finally tell me if going to court is optional in case of void marriages?

My final question ARE ... "IN EYES OF LAW IS IT AN OFFENCE IF SOMEONE TAKES UP A SECOND MARRIAGE IF THE FIRST MARRIAGE COMES UNDER A VOID MARRIAGE (DEGRESS OF PROHIBITED RELATIONSHIP)..FOR THIS OFFENCE CAN THE SECOND SPOUSE LODGE COMPLAINT IF THERE WAS NO LEGAL STAMPING OF THIS VOID MARRIAGE"

In one other post I see that in Chennai it takes 2-3 years to get a annulment .. Is it true? My friends cant wait that longer since the issue is heatening up and they want to part as quickly as possible.mainFuncFN()

(Guest)

1. Stamp by way of a decree of a "voidable marriage" is necessary first step bfore jumping on to second step..
2. Hindu Marriage breaking is not appreciated even by Hon'ble SC so there is no shortcut here unless two people runs away from the territories of India and take the next step (as you sya they are in a hurry, things are heating up etc. which are all signs of desperation which I call puppy love...) and take a resolve never to set foot on Indian shores.
3. Bottom line to your upper caps is that there is no shortcut in a Hindu Marriage hope this convinces you otherwise taste the Indian Family Courts and see for yourself.......
Rgds

1 Like

Adv. Samar (Advocate) 19 October 2010

go through what Suchitra has advised.

(Guest)

its optional , but still better to get stamped it by court to fully avoid long term consequences .

sandeep verma (advocate) 19 October 2010

Documents required for Performance & Registration of court Marriage...

1.Passport Size Photographs - four each of Marrying Persons.

2.Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.

3.Date of Birth Proof (Municipal Corporation Certificate, Xth or XIIth Examination Certificate, Passport, PAN Card) of Marrying Persons.

3.If any party is divorcee – Certified copy of Decree of Divorce granted by the Court.

4.If any party is widow / widower – Death Certificate of the dead spouse.

5.If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.

6.Two Witnesses ( Both should be major )

FOR MORE DETAILS YOU CAN CONTACT @ 9818673748 (Adv. Sandeep verma)

Delhi and NCR