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Sister marriage not registered. Now her husband does second marriage.


24-Sep-2023 (In Divorce Law)
My sister's marriage is not registered. But she has shows her marriage in Australia document. The person who married my sister is totally fraud & he is now also married in india then my sister how she can get divorce or show unmarried presently my sister in Australia?
Answers (3)

Answer #1
550 votes
She can file case of divorce in India through attorney. Personal presence is not required. In addition to this case she can also file case of fraud against her husband if she wants. Proving marriage in court is not a big issue.
Answer #2
796 votes
My answer will be on the presumption that your sister's marriage was performed as per Hindu Marriage Act, and i dont know the mental state of you and your sister that instead of filing complaint against him your sister seeks easy divorce from him which he might be ready to give at first instance through mutual consent, for any action marriage registration u/s 8 of HMA is not necessary , it must be valid u/s5 of HMA with conditions mentioned in it.
Answer #3
913 votes
You should collect each and every documents like snaps,marriage registration copy,passport etc of him and file a case of divorce on the ground of pologamy. Court will definitely pass a decree of divorce in your favour.

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