Marriage
2 years ago
I want to ask if someone marriage secretly in court and without divorce can he did second marriage
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.without divorce, 2nd marriage is crime.
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Sidhaarth
Responded 2 years ago
A.Marriage in court is not a secret affair rather a public marriage. Without obtsing divorce from court second marriage would be illegal.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
No one can get married again when their first spouse is still alive. It can attract heavy punishment u/S 494 of IPC and the second marriage shall also be considered to be void as per the S.11 of the HMA.
If you find my answer helpful then kindly rate me.
No one can get married again when their first spouse is still alive. It can attract heavy punishment u/S 494 of IPC and the second marriage shall also be considered to be void as per the S.11 of the HMA.
If you find my answer helpful then kindly rate me.
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A.Hi,
Bigamy in any form is not recognized in India. As per S.11 of the HMA, getting married again while the first spouse is still alive is a valid condition for a void marriage. It is also punishable u/S 494 of IPC.
If you find my answer helpful then kindly rate me.
Bigamy in any form is not recognized in India. As per S.11 of the HMA, getting married again while the first spouse is still alive is a valid condition for a void marriage. It is also punishable u/S 494 of IPC.
If you find my answer helpful then kindly rate me.
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A.Dear Madam,
The version of girl will be believed and 494 IPC case will be registered even if it is secret marriage.
The version of girl will be believed and 494 IPC case will be registered even if it is secret marriage.
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A.Second marriage without getting the first marriage annulled or divorces if not a valid marriage as per the law under Section 11 and 5 of Hindu Marriage Act.
Section 11 in The Hindu Marriage Act, 1955
11 Void marriages. —Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses
(i) , (iv) and (v) of section 5.
Section 5 in The Hindu Marriage Act, 1955
5 Conditions for a Hindu marriage. —A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
2 [(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 3 [***];]
(iii) the bridegroom has completed the age of 4 [twenty-one years] and the bride, the age of 5 [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
6 [***]
(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
(ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110.
Section 11 in The Hindu Marriage Act, 1955
11 Void marriages. —Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 11 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses
(i) , (iv) and (v) of section 5.
Section 5 in The Hindu Marriage Act, 1955
5 Conditions for a Hindu marriage. —A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
2 [(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 3 [***];]
(iii) the bridegroom has completed the age of 4 [twenty-one years] and the bride, the age of 5 [eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
6 [***]
(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
(ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110.
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Ankita Jaiswal
Responded 2 years ago
A.No, second marriage is vooid in hindi law but if case in Muslim law valid, if u like my ans PlZ rate my ans *****, thanks
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