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Husband using my first marriage to get separation
19-May-2023 (In Divorce Law)
Hi , I was in New Zealand for studies and work and I got married to a boy there in 2012 but because of his abusive nature we seperated after 3 months of marriage. So, I met another boy in 2013 and he knew about my marriage and he even knew the guy who I was married to . He propesed by the end of 2013 but I asked him if he is ok with the fact of my 1st marriage. He said yes. We came to India in 2015 and got married in April 2016. Before marriage I asked him that my 1st marriage in New Zealand is not yet desolved. He said that don't worry about it as your New Zealand marriage certificate was without foreign marriage act so it is not valid in India. I believed him. But after marriage , his and parents attitude was hostile. I suffered domestic violence for more than a year and finally I took the decision of seperation and served him notice. Now he is using my 1st marriage point against me . Can you please advise ,what will be the best step for me to take? Regards
Please understand except the Mohammedan law permits more than 1 legal marriage anywhere in the world. Therefore, if your second marriage is to an Indian, you had to first get divorced and then marry. Nevertheless, now that nothing can be done you have amicably settle the issue with him and get out of this relationship. Otherwise you can be penalised under the criminal law if he shows proof to a criminal Court. Bigamy is an offence irrespective of whether your first marriage was held in india or abroad.
In the absence of Divorce the 2nd marriage is almost treated like no marriage at all.
In the absence of Divorce the 2nd marriage is almost treated like no marriage at all.
Helpful?
You have taken proper decision to stay away from him. But just serving of notice is not enough , you will have to file complaint of violence happened with you and also have to file case in the court of Domestic Violence.
Helpful?
Adv. Balaji Sagar
Pune | 100+ Answers
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