Legal Question in Family Law in India
what should I do now?
My previous que. were (1)time limit for annulment(2)divorce by stamp paper(3)stamp paper divorce, cheating & bigamy on this site.
Briefly repeating the story:1)A GIRL MARRIED FIRST IN FEB 2006
2)SHE DID STAMP PAPER DIVORCE with that guy in NOV 2006
3)SHE MARRIED ME STATING ''UNMARRIED'' WITH ME IN JULY 20074)AND SHE DID STAMP PAPER AGREEMENT WITH ME IN FEB 2008. All are hindus and both above marriage registered under HMA at Anand dist. gujarat.
No one has gone to court yet, no children issue, no alimony issue. She is doing these things under the influence of her parents.
Dont mind Sirs,but I have got some strange answers on this forum like:(Your marriage being not valid cannot be annuled),(i told u that u need not to do anything and file the annulment whenever u want. UR MARRIAGE IS NOT VALID so you have nothing to do for annulment)
What should I do now?
If,suppose I am going to remarry, to another girl,I do not want any legal complications at that time, may be after 1-2 years.
Should I file a case for annulment of my marriage now?I heard it will take around 1-2 years for annulment.Simultaneously Can I file a case of IPC494/495 OR CHEATING420.which one please clearly tell me,so that I can show it to my lawyer here.
3 Answers from Attorneys
Re: what should I do now?
The first marriage of the girl is still vaild and binding. you got married to a married girl hence you marrige is invalid and void. Yes u can file a case of chaeting against her as she misled u and got married with u.
Re: what should I do now?
you should consult a local lawyer as we have already replied
Re: what should I do now?
In the first place you should value the wisdom of your lawyer who will note your facts in greater details.
You stated that 'she did stamp paper agreement with me in Feb 2008' without giving any details of that agreement; unless we know what is that agreement, proper opinion cannot be given.
Basically, before you decide to marry again, you should seek dissolution / annulment of your previous marriage.
Do not forget that even your marriage may be invalid, on the ground of her spouse living at the time of divorce, you have lived with this woman in 'husband-wife relationship'. The Domestic Violence Act recognises a live-in relationship also.
Therefore, unless you get your marriage annuled by a court decree, it will not be safe for you to marry again.
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