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Wife claims that 1st marriage was annulled, how to prove the same ?


05-Dec-2023 (In Divorce Law)
My wife registered her 1st marriage in 2007 under special marriage act.Although they had sex but never ever stayed together even for a day n marriage was not socially solemnised.Now she got a decree of divorce on annulment ground s d marriage was not consummated. After a gap of 3 months from her divorce, she married for d second time under Hindu marriage act but now her 1st husband who is undergoing rigorous imprisonment for 6 years is threatening from d jail that d divorce was forge n not valid s it was not in his knowledge although hearing notices were sent to his home but his family did not claim it.Is d second marriage valid? Plz help
Answers (2)

Answer #1
733 votes
The second marriage would be valid if you have the decree of first divorce. There are instances where notices are sent repeatedly but the party does not appear. In that case, the court starts ex-parte proceedings and decree is passed accordingly. So the 1st husband is only threatening and can not take any action if there was no foul play from your wife's side
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Advocate Samyak Raj

Adv. Samyak Raj

LawRato Delhi | 700+ Answers
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Answer #2
825 votes
though her first husband denying the divorce, but she has a valid decree paased by the court and which is unchallenged by her first husband. therefore her first husband's claim of forge divorce is baseless and doest not stand in the eye of law. her second marriage is valid as you said, it was solemnised under the hindu marriage act. so far as his threatening is concern, you may make complaint of it.
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Advocate Vikrant V Pandey

Adv. Vikrant V Pandey

LawRatoNagpur | 25+ Answers
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