Legal Question in Family Law in India

if her consent to the marriage hs been obtained by force fraud or coericion she can move the court to get the marriage declared voidable and thus annul the marriage. Without a decree from the court she cannot marry again.you cannot marry her without the dissolution of her present marriageif you do that the marriage would be void. you may contact at 9312411481

if you both r of marriagble age and otherwise competent to marry you cam go ahead and marry. in your situation the girl has to take divorce first then she can legally marry you.

Hello,

Marriage by force of any individual is not valid under Indian law and any such marriage will considered void ab initio. What you need to do is to file a petition in the High Court stating that the marriage took place by force. It will be better if you can get a sworn affidavit from your girlfriend as to the circumstances of the marriage. You should make sure that you file your case in the High Court with adequate jurisdiction. You should also look at the cases such as those of Saroja David where the Court took the view that as far as the specific grounds for nullity are concerned, the jurisdiction could be exercised concurrently by the District Court and High Court for entertaining the petition for nullity of marriage, but so far as the decree of nullity of marriage on the ground of force or fraud is concerned, it could be obtained only by presenting the petition in the High Court which has the residuary jurisdiction to deal with the petition for annulment of marriage on the ground that the consent of either party was obtained by force or fraud. Further, in B. Ignatius Anthoney Jayaraj v. Immy Maragaret Floernce, the main question which fell for considreation was whether a decree of nullity of mariage on the ground of force or fraud could be obtained from the District Court and having regard to the provisions, the Special Bench of the Kaarnataka High Court took the view so far as the decree of nullity of marriage on the ground of force or fraud is concerned, the same could be obtained only by presenting a petition ot the High Court which a has residuary jurisdiction to deal with a petition for dissolution of marriage on the ground that consent of either party was obtained by force or fraud and the District Court had no jurisdiction to entertain a petition for declaration of nullity of marriage on the ground the that consent of either party to the marriage was obtained by force or fraud. If you give me a call at 09555 507 507 or send me a mail at [email protected], then we can discuss your case further.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

dear client first she has to take divorce from court from her husband then only u can marry with her. for any legal help call me on 9422611385

ADV PRASAD PATIL