Legal Question in Family Law in India
I am a Indian living in in Belgium and was married to a Belgian citizen and we got divorced.
Before officially getting divorced during the separation period during my visit to India my relatives and family forced me to get married to a Indian woman who does not know anything about my past.
We got married in Temple front of all relatives and the marriage is not yet registered.
Its been over a year we are married but we never had any sexual relationship and the marriage is not consummated.
I got officially divorced from my former wife a month after i got married in India.
Now i am back to Belgium and now we both want to get divorced.Do i have to go to India and get my marriage registered to get divorced or this marriage can be annulled.If i go to registrar to get the marriage registered he will ask if i accept this marriage and the truth is i don't accept so how can it get registered?
Does she have any rights to ask for maintenance from me?
What would be the best way we get divorced?
2 Answers from Attorneys
Dear Sir,
Since your second marriage was performed during the subsitence of your first marriage i.e. when you were under the period of seperation only & divorce was not granted, the Second marriage itself is void under the Hindu Marriage Act & a petition may be presented for a decree of nullity.
Tapan K Jha
Advocate
+91-9818909490
i agree with Adv Jha adding that the court in india will have jurisdiction and you will have to be here for filing petition for decree of nullity.
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