Legal Question in Family Law in India
Hi my friend had a steady relationship which was broken up in 2002. Then the girl went to abroad. After 7 years they got connected suddenly, the girl convinced my friend that she still loves him and she came to India for a month to meet him in 2009. Then they planned for marriage and with few days short notice they got married. They gave lied to the marriage registrar that they got married according with Hindu custom in 2008, which is written on their marriage certificate and on the basis of that they got short noticed marriage while in 2008 the girl never came in India. The day (25th December 2009) they got married, the girl left for her work place in east Europe. After that she came back in February 2010 for 7 days in India and spent those days with my friend. Till then she surprisingly told my friend that she had a 2.5 years old baby in abroad. She lied that she was raped by someone. Being sympathetic my friend was ready to accept that child. But all of a sudden that time my friend received someone's call from abroad. He got to know that the father of that child is actually lives with that girl in abroad. Then after a lot of confusions the girl left for abroad and started living with that man again. Eventually my friend started receiving calls from that man from abroad. He requested to my friend to leave her. She stopped responding to my friend too since everything about her came out to him. He started getting frustrated and planning to not to keep contact with her. Now it is almost 2 years that girl never contacted him and he too didn't. Now my friend is thinking about a 2nd relationship. But my question is, does he have to take divorce? Is that marriage valid till date? In case if he has to apply for divorce that girl will not come in India for that matter, so is there any chance he will get an one-sided divorce? How much severe and complicated this case is? If some good lawyer can clarify this matter we would be grateful because I seriously want him to have a happy married life. Thanks in advance.
1 Answer from Attorneys
The marriage is null and void. The husband may a declaration of "nullity".