Void marriage

on what ground do u want to file sec. 11 ?

this being a civil case, will be either contested or exparte.

the term Void marriage declaration by mutual consent does not exist in law.

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[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)of section 5.

5.         Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following condition are fulfilled,  namely:-

(i)        neither party has a spouse living at the time of the marriage

(iv)      the parties are not within the degrees of prohibited relationship, unless the custom or usage  governing each of them permits of a marriage between the two;

(v)       the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; 5[***].

My father is alive and his age is 70 year old. My Father had two marriage. first wife left 2 months after marriage without divorce and maried with another man and having 4 children however she is taking pension on the death of her husband . So problem is that my father has mention first wife name in army record office. when i enquired in record office they said that they need divorce certificate of first marriage then only they can change nominee name as second wife. so i went to my father first wife and exlain the things, but she is saying that marrire was Void with my father.It is good if she is saying marriiage was Void  but only problem is that her name is mention in record office which i want to delete and army office want court document. what i need to do.

1. what are proofs of the first marriage ?

2. but she is saying that marrire was Void with my father. - on what basis ?

3. sec. 11 applies to the marriages solemnized after 1955 (i.e. after HMA enactment) - what is the date of the first marriage ?

Sir i am waiting for your reply, Please sir i need your help

further, 

13.       Divorce

(1)       Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by decree of divorce on the ground that the other party- ...

so the first marriage still subsists.

2nd marriage by the spouses w/o taking divorce is null & void.

the mere claim of the first wife that the first marriage is void has to be established in competent civil court - having proper jurisdiction - in proper legal proceedings.

Q. - how to resolve this matter ?

A. - If the 1st wife agrees, ur father has to file sec. 11

the 1st wife will appear in court and WILL NOT contest the case filed by ur father.

Grounds :

necessary ceremonies (saptapadi) was NOT performed.

assumption - both the parties are Hindu

7.         Ceremonies for a Hindu marriage

(1)       A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2)       Where such rites and ceremonies includes the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

nothing can be done except obtaining a decree of divorce (u/s sec. 13) / getting declaration (u/s 11) that the marriage was void.

if the 2nd wife admits the first marriage with ur father, this means she has committed offense u/s 494 of IPC and she will loose the pension of 2nd husband.

also ur father himself has committed Bigamy.

In this case you are not able to explain how her marriage with father was void?

Regardless it is your father who got her name recorded in service records. Certainly without court order of divorce the name cannot be deleted.

Now for seeking divorce from your father at this age she needs to admit the existance of marriage and which she cannot be expected to cooperate at this stage. She may not be interested in loosing hjer pension just for the sake of your thirst to correct the records which in any way are not expected to effect you.

If all these facts would have come to light during your father's service he would have been thrown out of Army on the charge of bigamy.

Is your mother alive?

How does it effect you if her name remains in record?

You want to remove her name but you never said you never said what your father wants. Has he during service done anything to get the record corrected?