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Legal status of my marriage and legal status of my children


05-Feb-2023 (In Civil Law)
My husband was previously married as per hindu rituals. Due to certain circumstances he had to marry me. We got registered marriage at registrar office under special marriage act as i am muslim with out divorcing his 1st wife. What is the legal status of my marriage and my children. Also recently his wife gave birth to his child a few days ago. Kindly advise legal status of my marriage. How can I save my marriage and family.
Answers (2)

Answer #1
963 votes
Hi...he can't marry again during life time of his first marriage and if he marries so then second marriage will be don't have any validity in law and you and your children are not getting law full tile as wife and children.
Thank you
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Answer #2
518 votes
very sorry to say but your marriage is an illegal and invalid marriage, it would have been valid if he had married under muslim law, but as the marriage is solomenized under special marriage act it becomes illegal because as per section 4 of special marriage act, the condition is that neither party should have a spouse living, and hence your husband was having a spouse, hence my advice would be to ask him to divorce his first wife and again get married to you as per customs, for more details you are free to contact.
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