Legal Question in Family Law in India

A lady who had obtained divorce by mutual consent from her previous marriage in a notarized way through a notary within six months of her marriage in 2004 and later she got married to me soon after.It is now more than 6 years since my so- called marriage with her.As proof, I have a photocopy of her notarised mutual divorce and a her photograph with her ex-husband. Is it a valid marriage or a null and void marriage?Is this proof adequate as I want to file a case for null and void marriage -void ab initio, She does not want to leave me or divorce me and separation does not seem possible? is it possible to file the case while living together or whether separation is mandatory?


Asked on 11/18/10, 6:31 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

There is no provision for divorce through a notary. For divorce by mutual consent, the procedure is provided under the Hindu Marriage Act for Hindu Marriages. So her marriage still subsists and there is no proper divorce. Accordingly, your marriage with a lady who had a living spouse and is not divorced according to law, is no marriage. You may file the required application. It does not matter whether you are living together or not. However, she may claim her rights, under the Protection of Women from Domestic Violence Act 2005 as you have lived together as husband and wife.

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Answered on 11/18/10, 3:53 pm


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