is remarriage after mandir marriage illegal?
I got married to my boyfriend 5 yrs ago in a temple and then we went to our respective homes and never stayed together as husband n wife. Later both of us got married to our current spouses. Now he is going through a bad marriage with his wife. I am afraid he might create problems for me due to our temple marriage. My husband knows it all and is in my support. What can my ex boyfriend do to create trouble for me and what can be the consequences if he creates trouble. How should I safeguard my current marriage as I am very happy with my husband and dont want any troubles. Please help.
As from the facts following things are not clear :
1. What was your age when you got married in the temple?
2. Whether a marriage certificate was issued by the priest conducting the marriage or not?
3. Whether marriage was consummated or not?
4. Where there any witnesses to prove that you got married?
If you can provide the above information then we could be able to guide you perfectly.
Your ex boyfriend has the liability to prove in court that he was married to you
But with the limited information provided by you we would like to tell you that,
If a marriage certificate was provided to you by the priest and there were witnesses to prove that the marriage happened between you two then your latter marriage would be considered illegal.
And your ex-boyfriend could file a petition for restitution of conjugal rights under section 9 of Hindu Marriage act.
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
But this can be avoided if you file for divorce.
But if no certificate was provided to you and there were no witnesses then only your latter marriage is valid and the previous marriage is invalid and your ex boyfriend could not cause any trouble.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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