Void marriage please help

Your wife does not know that you got divorce from first wife.  Does she know that you married her?  If she did not know that you are a married person, she married you in good faith so it is not a void marriage.

@ chandrasekhar ji

void is always void ....

as stated by Halsbury - neither conduct nor delay ...

Adv Mahesh

as per Hindu marraige act 2nd marraige is void marriage and asper Muslim personal law you can maintain three wifes at a time  and other thing go for divorce u. sec.12  or sec.13 of HM Act on the ground of nullity of marrage or desertion with your 2nd  wife to avoid false cases

Thank you all, My question is what will be my next step to come out of all this...Should i meet some lawyer and discuss or what should i do?...I just want to finish all this and want to be free from my second wife...Please help me..and one more thing that she know abt my first marriage but she dnt know that i have got the divorced from her. I just need a proper one time solution for all this...Pls help

@Amitji - Read Section 23 of HMA

23. Decree in proceedings. (1)In any proceeding under this Act, whether defended or not, if the court is satisfied that-

(a) any of the grounds for granting relief exists and the petitioner 2[except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or subclause (c) of clause (ii) or section 5] is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.

u petition for requesting void marriage declaration wont be entertained as u are defaulter.

however, if ur 2nd wife files some case on u (eg. RCR, JS, Divorce, DV, 498a etc), u can raise a counter claim that the marriage is void ab initio.

void marriage is always void. (sec. 11)

voidable marriage (sec. 12) is valid for all legal purposes untill it is annulled by a competent court.

@ Amit.  Law is also guided by principles of Natural justice which are not creatures of any statute.  No one can use or exploit his own wrong to his own advantage.  Nemo judex in causa sua means no one can be judge in his own cause. Using one's own wrong to one's own advantage amounts to violation of principles of natural justice because one having committed mistake himself, is sitting in judgment of the merits of his own wrongful deeds.

Sir,Pls help me let me know what is my situation.  I am 37 yrs  old 12 th pass , hindu and residence of  Ahmedbad Gujarat .. My first marriage was in 1998,( NAME  A ) i gto one baby gril from husband but due to some problems  i left my parents house, some forces from relative i filed 498a and others on my nine member of husband family.in year 2004 i got divorece on Rs. 100.00 stamp paper in  sub registrar office, signed by both the parties.

In year 2006 my parents forced me for remarriage and i got with one of widower( NAME B  ,  HIS  wife expired in year 2005 ), he was having two kind from his first wife, it can say bad luck for both the parties that due to non adjust of children i left that house.

My parents are very greedy, they really forced me to marry me with rich persons ( always ) , again they forced me to file 498a and hence i filed.pls advise me what ido, due to my parents greedness my life is not well. due to that greedness i lost/destroyed  two familes and sent them jail.pls adivse that now what is now my position.

i met one of local advocate he said  that still legally u are wife of first husband ( NAME A  ) ,Therefore be careful that may be chances for criminal compalint on me for bigamy..pls help. Thanks

Divorce cannot be granted on stamp paper it can only be issued by a competent court, hence divorce with first husband had not taken place.  You have not informed about the status of 498A relating to your first husband as to whether it is still continuing/pending or it is quashed by HC or husband sent to jail etc.  Marrying another person without obtaining divorce from the first husband is punishable under Section 494 of IPC.  The fact of first marriage, if it is concealed with the second husband then that is punishable under Section 495 of IPC. Any of them i.e., either the first husband or the second husband can make a complaint against you and you will land up in trouble for this. 

Help your second husband by approving before the judge that you have filed false 498A case under pressure from parents and you have not actually intended to do so.  And request him to not file counter cases against and tell him you will cooperate for Mutual consent divorce.  You can file DV case against your parents and seek protection order under Section 18 and compensation too from your parents and live peacefully thereafter without uniting with them ever.

Void is always void.

It can’t be said as person is taking advantage of his/her own wrong...

If other party is aggrieved, she/he has right to file criminal case bigamy.

@Heral.  My heart melts for you.  You have now realized that your parents' greed has destroyed two families and you are confessing to god through your feelings.  Whatever courts may hold you accountable for, I feel you have washed off your guilt with that sorrow of destroying two families and honest confession.  May god bless you. 

One of the drawbacks of criminal justice system is that the fear of punishment induces people to commit more and more crimes in the process of covering up their older crimes without confessing and misleading courts.  The fact that she is confessing in the forum that she had falsely implicated her husbands in 498A and sent him/them to jail shows that it is possible that courts also can be misled to arrive at wrong conclusions and they may not be vigilant enough to read the hidden agendas of people filing false cases.  Rewarding confession and encouraging confession will lead to reducing burden on criminal justice system, because if people are not scared to accept guilt, they will not try to cover up with unnecessary litigation.

MR. Chandrasekar, Thanks for advise. 498a with my first husband is already completed in court.

My first husband also remarried  and having one baby from his second wife.

My second husband is very coopreative i think he will not go to court and file any complaint against me, it was my bad luck that due to children we both not adusted, otherwise he is very calm persons, he spend lot of money on me for buying gold,vacations,always lived very good life , i can say ten times better my parents capacity.so now  as per your guide i should contact my first husband and get divorece so what i ask my second husband.

AS  you said that if my second husband file complaint under ipc 495  I will be in big trouble.Thanks and with calm mind set i will contact with my second husband,pls help if i need in future.

Thanks

You are lucky that your first husband is married.  As he also do not have divorce in hand but married, he is also liable under bigamy for marrying another person without divorcing you.  Hence he will not try to trouble you.  You can safely forget him.

Now coming to your second person, as you said he is a very calm person and you also have faith that he will not file cases against you, approach him with a cool mind and tell him you will cooperate in quashing 498A by becoming hostile witness and convince him for MCD.  You need not disclose (if you have not already disclosed) about your first marriage with him as there is no possibility of him getting any information from your first husband.