Asked March 13, 2017

Validity of marriage and divorce

  • 1 Answer

during 1993, sept i got married to my maternal uncle and due to some uncomfort i didnt live with him after marriage, after 10yrs i got married to a hindu (2003) and got a child in 2004. due to necessity later understand the rule, my first marriage was divorced later 2015. my first marriage is acutally valid or not. i was under the presumption that more than 7yrs not living together the marriage will get dissolved automatically without going to the court is it correct

Answer 1

No, you still had to take a divorce from your first husband. The Hindu Marriage Act, Section 13, assumes divorce if husband has been dead or missing for over seven years. Yours was not that case, thus your rightfully have got the divorce only in 2015. Either of your marriages were thus voidable till 2015- i.e. either one of your husbands could have divorced you for having indulged in multiple marriages- as also approved under Section 13 of the Hindu Marriage Act, Section 13

Agree Comment 0 Agrees over 4 years ago

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