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Marriage related issue and register marriage
12-Mar-2025 (In Family Law)
Hi, I am a 28-year-old male.
My girlfriend got married under the Hindu Marriage Act in 2021, but she has not been with her husband since two days after the wedding, and they have had no contact since then.
If we get married and register our marriage in court, will there be any legal issues?
And if there are any issues, what could they be?
yes, without giving divorce her first husband , there will be no valid marriage. the marriage will be void. the girl will be punished for bigamy. the best way is to give divorce her first husband the proceed for further mareiage
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Dear sir,
If you married with your GF (right now se is wife of that person), then your marriage is invalid in the eyes of court and in future, you will be in difficult circumstances due to above mentioned thing.
Asked your GF to file mutual divorce with his husband and get a copy of judgement then you can proceed with your plans.
Best regards
Adv Adarsh Kumar
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Legally first of all your girlfriend needs to approach the court and apply for divorce. If it's mutual then it would be good because it will get wrapped up in a month or so. And then you can always get the marriage done with her and also get it registered.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Yes. Since your gf is already married and if you knowingly marry her you would be commuting a crime for bigamy with imprisonment upto 7 years. Furthermore none of you shall be eligible for govt employment in future. It's always better to consult an advocate and plan the quickest possible exit from the earlier marriage and then marry.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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In India, the duration of the marriage is not a relevant factor. As long as the marriage was solemnized according to Hindu rituals and customs, your partner is legally recognized as married and must obtain a formal divorce decree from the court before remarrying.
If your partner and her husband have separated amicably, pursuing a mutual consent divorce would be the most efficient course of action, as it is typically faster and less emotionally and financially burdensome.
Furthermore, any attempt to conceal important information, such as the marital status of the parties prior to marriage, could lead to criminal consequences for both you and your partner. This is particularly significant as affidavits containing such declarations are submitted during the marriage registration process.
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