Husband marriage during subsistence of earlier marriage is illegal
2) file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage
3) agreement made out of court has no value
My husband married me without getting a divorce from court for his previous marriage and his ex-wife is also married now
I got married in November 23. My husband informed me that he had been divorced from his previous marriage since 2021. After a few months of our wedding a lot of disputes arose between us. He had at times laid his hands on me. He came home drunk and abused me. I came to my parents house in April 24 and have been home since. We filed a complaint in Women’s Thana last month and the proceedings have started. When our IO asked him to bring the divorce papers from his previous marriage he didn’t have any. So, basically he married me without legally divorcing his ex wife. But his ex wife is also married since 2022. They made an agreement out of the court to be separated. In this case, what is the validity of my marriage? How should I proceed for separation from him?
Asked 3 months ago in Family Law
Religion: Hindu
7 Answers
You can get your marriage to be declared as void by filing a petition under section 11 of Hindu Marriage Act as it contravenes the condition as enrshrined under section 5 of HMA.
Moreover, you can file an FIR against your husband under section 494 of IPC which provides for punishment for marrying again while the previous spouse is alive without obtaining divorce.
Your marriage with him is null and void.
The separation agreement between him and his ex wife is not legally valid divorce hence as per law he still remains to her therefore your marriage with him is void.
You can file a petition seeking annulment of your marriage with him for this reason and lodge a criminal complaint against him for the acts of cheating you by marrying you on the false information of his divorce with his previous wife.
Subsequent marriage subsisting earlier is legally invalid. You can seek declaration to that effect. But once such claim is made you will not have rights under Protection of Women from Domestic Violence Act, 2005, Indian Penal Code, 1860, Hindu Marriage Act and Dowry Prohibition Act against him. His earlier will not come forward to file any criminal complaint for bigamy as she is also married. Proceed against him as a wife making use of laws in favour of wife.
- 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 with you without getting divorce from the first wife is not valid and attract Bigamy as per law.
- Hence, you can file a complaint against him for cheating and bigamy before the police and higher official as well.
- Further, this can be a ground of invalidate the marriage after filing a petition before the family Court.
- The divorce agreement out of Court is not valid.
Such agreement is void. He has committed offence of bigamy and rape because you have physical with him believing he is someone who is lawfully married to you
The marriage is void ab initio since it was performed, without legality putting an end to the first marriage.
Section 11 of the Hindu Marriage Act, 1955 declares the second marriage, while first wife is alive under Section 5 (i) to be a void.
Ask Police to lodge a FIR against your husband for cheating and bigamy too.
Approach the Family COurt, and take recourse to proceedings to get a declaration that this marriage is void.
