matrimonial status of the parties when the said marriage declared as null & void

[Appla Raju]

Dear sir,

one of my friend had done love marriage but due to some legal reasons it got null and void by the competent court. After one year later he had married a different girl. two years later after the marriage both the spouses got disputes with each other. The husband filed divorce petition in the court with the consult of advocate. husband mentioned in the divorce petition as unmarried status before the said marriage.
In response to this wife filed a case of 420,494,493 on the husband for the said fact for not disclosing the fact that husband is already married once and mentioning his status as unmarried before the said marriage. lady is taking the ground that the marriage which is declared null and void as first marriage and not disclosing the facts to her.
my query is that what is the status of the husband after declaring the said marriage null and void by the competent court. Is it divorcee or married or else.
please give me the legal status of husband.

regards

[Dr. Ashok Dhamija]

When a marriage is declared as null and void, it is effaced completely. A void marriage is invalid since the beginning, as if the marriage did not exist. So, declaring the marriage null and void means the marriage is completely cancelled or erased in law. It is quite different from divorce.

Of course, after a marriage is declared as null and void, both parties have the status of being unmarried or single and not that of divorcee.

At the same time, while the legal status is no doubt that of “unmarried” or “single”, it may be desirable that such person transparently explains before marrying a different person about his previous marriage having been declared as null and void. While the legal status is not in doubt, the fact remains that the marriage had taken place and it was declared as null and void by court intervention; and it is desirable that these facts be informed and not concealed.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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