Legal Question in Family Law in India

Please Help.

I am a Sikh by religion,It's been 6 years of my marriage. It was purely an arrange marriage. My wife is my second cousin from my maternal side [she is my MOTHERS-FATHERS-BROTHERS-SONS-DAUGHTER}, since 4 years we are not living together. I have been advised that this marriage comes within the degrees of prohibited relationship and is void ab initio under sec (5 iv) of Hindu Marriage Act. Please advice does this hold true.

And if yes then is it necessary to file a petition for annulment of such marriage?

How much time would the annulment procedure take in such a case?

My another concern is my second marriage which I had done two years back Can my first wife or any of her family memebrs file a case of bigamy against me for a marriage which is void ab initio as per law?

What possible allegations can they put agaist me in such circumstances?

Please advice


Asked on 3/28/08, 2:00 pm

4 Answers from Attorneys

Re: Please Help.

You have committed wrong by doing second marriage.Yes.your wife can file police complaint foradultery/bigamy.your case is complex one which require detailed study,contact with details,professional charges are applicable.

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Answered on 3/28/08, 8:58 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Please Help.

Yes definately your wife can file a police complaint for bigamy and adultery because you have commited a crime by doing second marriage.

Your case requires a extensive study.

Please contact personally alongwith the details.

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Answered on 3/29/08, 1:01 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Please Help.

Depends also on customs in your family. If your family customs provide for such a marriage with your second cousin it is a valid marriage. If it is a valid marriage your second marriage amounts to offence of bigamy.

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Answered on 3/29/08, 2:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Please Help.

Your second marriage is not only void and bigamious but can also be labelled as a case of fraud and cheating by your wives - both of them.

You need to seek annulment of your fist marriage even though it may be covered within a prohibited degree.

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Answered on 3/29/08, 8:14 am


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