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Author Topic: marrige  (Read 1005 times)

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Offline james1970

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« on: November 18, 2013, 07:25:33 AM »
I have done religious marriage with out getting divorce but haven't register my marriage yet.
I live abroad she lives in india she knows about this. but now I like to know will there will be a problem doing this
does religious marriage are legal or its get legal when we register with the marriage registrar?
if I want to void this marriage with both of us consent how can we do this by law?

Offline admin

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Re: marrige
« Reply #1 on: November 18, 2013, 08:00:20 AM »
I have done religious marriage with out getting divorce - -  does that mean you are already married and you want to marry again without divorcing the first, is that so
 than without divorcing the first you cannot marry again
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Offline james1970

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Re: marrige
« Reply #2 on: November 18, 2013, 10:58:23 AM »
let me tell you again
I am getting divorce from my first wife which will be anytime with in three months time.
but meanwhile I have got married with another girl two months ago and it took place in Sikh temple with all religious formalities and got certificate from temple. and second marriage I have not registered yet at registrar office. will this marriage will be legal in eyes of the law.
if it is legal how can I come out of it. my second wife also know about that I am not divorce.

is there any legal way to void my second marriage and remarry again with my second wife after getting divorce.
please tell me what can I do to get it all legal.
 I live abroad and second wife in india.
 my first wife dosnt know about my second marriage.

but I feel more trouble from my second wife, now I am in good terms with my second wife so I like to go to court and get second marriage void which took place in Sikh temple.

can you please advice

Offline Advokaterajiv

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Re: marrige
« Reply #3 on: November 27, 2013, 02:42:10 AM »
Dear Sir,

Section 5(i)  and Section 11 of the Hindu Marriage Act indicate that any marriage with a person whose previous marriage was subsisting on the date of marriage is invalid/void.

According to the Supreme Court in the case of Lily Thomas vs. Union of India, “under the Hindu Marriage Act, one of the essential requirement of the valid Hindu marriage is that neither party should have a husband/wife living at the time of marriage. If the marriage takes place in spite of the fact that a party to that marriage had a wife/husband living, such marriage would be void/invalid under Section 11 of the Hindu Marriage Act.”

Also, in the case of Smt. Rajkumari vs. Smt. Kalawati, “marriage contemplated by Section 494 of Indian Penal Code is a complete marriage in which all the essential requirements of the marriage had been performed, that is to say, all the marriage ceremonies should have been performed but the marriage itself should be void by reason of the fact that it was contracted during the life time of the person with whom the first marriage was contracted.”

Also, in Sarla Mudgal v. Union of India (1995 AIR 1531 SC), the Supreme Court held that a man who has adopted Islam and renounced Hindu religion, marries again without taking divorce from the first wife, then such marriage is not legal. The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC).

So, your second marriage stands void from the very beginning by virtue of the fact that it took place during the continuance of your first marriage. But, you are nevertheless guilty of bigamy and if you are charged for same on a complaint by your first wife or her parents, then you may be subjected to seven years of imprisonment under Section 494 of the Indian Penal Code.

Adv. Rajiv Malhotra
« Last Edit: December 14, 2013, 07:29:23 AM by admin »


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