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Fatherforjustice   04 May 2016

Void marriage

Hello All ,

I married a second girl (divorcee) when my divorce case with first wife was at last stage, I got divorce decree 1 month after my second marriage. My first divorce case was fought by my second wife father who is advocate.

My second wife stayed with me for 3.5 years and through this wedlock a sweet girl was born. After 3.5 years of second marriage wife filed DV case then 498a case and then Divorce case. All these cases have been filed 2.5 years back till date.

Las t month Divorce case got dismissed due to her negligence and she dint went for appeal.

Now she has applied for nullity of marriage and prayed to nullify marriage and has asked custody of child. Pls guide me



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 4 Replies

JustAdvisor (IT)     04 May 2016

what is the religion of all parties concerned?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2016

If the parties are Hindu then this marriage is Void ab-initio as per section 11 of Hindu marriage Act-1955.

 

she may file the petition and can win the case because the divorce decree was passed after the second marriage, hence marriage is not legal..

 

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Fatherforjustice   05 May 2016

Sir second marriage happened in madhya pradesh and can gujrat family court were we are residing now have jurisdiction to make my marriage void.

Fatherforjustice   05 May 2016

if my marriage was void then why did wife first filed divorce (got dismissed) and domestic violence and 498a against me ? can i take any action on this and what sir


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