Legal Question in Family Law in India

Boy got married wihtout registration but with all ceremonies and in front of society. One year later he got separated from his wife. Then he got married to the girl who was also separated but through divorce deed. On lot of insistence from the first wife, though they didnt get married on papers, still he filed divorce deed with first wife date of which was after his second marriage (temple). for his safety he registered his second marriage date after he registered his divorce deed from first wife. second wife was not aware that the boy is legally not married to the first wife and also that he registered divorce deed with first wife after marrying her. For some reason boy has also shown his marrige with second wife in 2006 (temple)which is not true as she married the boy in 2008. boy has registered his divorce deed with first wife in 2008 and registered second marriage after registring the divorce deed with first wife. Question is which of his marriage is valid and which is void? Can the second wife put a case against the boy for not disclosing that he is yet to file divorce deed and also for showing temple marriage with her which did not even take place in 2006. ? is the boy legally husband of second wife due to above complexities ?


Asked on 11/28/13, 12:38 am

1 Answer from Attorneys
Ashok Kumar

Hello,

Your question basically is that whether the first marriage is still legally valid and what is the legal status of the second marriage. According to you, the first marriage was never legally registered, even though it took place in front of witnesses and according to rituals. That would make the marriage valid, since eyewitnesses can corroborate the fact of the marriage having taken place. However, you go on to say that the boy has registered a divorce deed from the first wife. What kind of divorce was it and which court granted it? If the divorce is legally valid then the second marriage which has been registered will also become valid automatically. Your case has a lot of confusing aspects and it is best if you explain it all to a lawyer so that he can advise you properly on the correct legal position and procedure that has to be followed.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

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Answered on 11/28/13, 10:17 pm


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