There is no such law passed
2) you should get decree that marriage is nullity as wife married you during subsistence of earlier marriage
Right now, I am in the process of getting an anulled marriage, because my "wife" married me, while she did not have a decree of divorce. Decree was granted in 2022, while the unlawful marriage with me was in 2021. A marriage certificate in 2021 was issued, even tough I there was no decree. My current lawyer told me, that according to a new law bill, remarrying after getting a decree of annulment or etc. is only possible after 12 months. Is that true?
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There is no such law passed
2) you should get decree that marriage is nullity as wife married you during subsistence of earlier marriage
No, as per Law there is still 90 days lock in period to get remarried. However, in your case your spouse first marriage divorce case was pending or on going case is pending in the court, than remarriage is valid. I have citation case for it.
Your marriage with your spouse, who was married and her spouse living at the time of marrying you is void marriage.
If you came to know about the fact recently then you can file a petition seeking annulment of marriage within one year from the date of knowledge.
Hello Sir,
Need not to wait for one year. After getting the decree of divorce, husband and wife have to wait at least for 90 days from the date of receipt of decree to get into the remarriage. Aggrieved against the divorce decree, If either party have nor filed any appeal within a period of 90 days then there is no restriction for remarriage. Therefore, if there is not appeal has filed with in a period of 90 days from the date of receipt of the divorce decree, you can getting into another marital life.
Limitation for challenging a decree of divorce is 90 days from the date of obtaining certified copy of divorce. You can safely marry after four months of date of decree. It is not proper to comment on other lawyer's opinion.
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Hence, the said marriage in the absence of divorce from first husband is not valid and attract Bigamy as per law.
- Further, this marriage can be declared as null & void after filing declaration petition before the court .
- The said 12 months period is not applied in this case.
hi,
the 1st marriage is itself voidable as it does not fulfill the condition of a valid marriage as per Hindu marriage act.
you can file a declaration petition from your end.
That is not true. A decree of annulment doesn't mean that the marriage was nullified on the date of the decree.
It means the marriage was void ab initio ie null from the beginning and hence the law says that there was no marriage at all between the parties.