Originally posted by: Mihika
Null and void to tab declare hoga jab uski first shaadi register hui hogi....arey aadmi shaadi ke din hi mar gya to legal documents bane kab.....in that case legally Pallavi ki ek hi shaadi hui hai and agar Dfam usko Mandaar se shaadi ke liye bole bhi to divorce Raghav and Pallavi ka hona hoga because technically inn dono ki shaadi legal hai
Apologies for intruding. Lekin aisa nahi hai Indian system ke hisaab se. If you are going with logic and real world standards, then those indicate that since the marriage between Mandar and Pallavi was solemnised as per Hindu rituals it was valid marriage. The marriage is not null and void on grounds that marriage is not registered. Plus if he was not missing for > 7 years, then he is not considered a missing person per law for the presumption of death clause, and then that element also does not play in. If one of the parties refuse consent, then contested divorce can be filed. Divorce lena padega before 2nd marriage. This is from actual legal archives, not my opinion.
Waise bhi ye iTV hai, Mandar missing must have some locha like a previous marriage (which makes his and Pallavi's null and void, or him being mentally unsound, having some ailment, being abusive, or conversion to Islam for polygamy etc.) ~ valid grounds to ask for divorce.
Edited by Me000w - 4 years ago