[Solved] A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?

Q.	A and B got married without the benefit of a license. During the marriage, A left B and got married to C, hence, B sued A for bigamy. In the meantime A sued B for declaration of nullity of their marriage and moved for the suspension of the criminal case. Will the action prosper?
A.	A’s motion cannot be granted because the marriage is presumed to be valid until nullified.
B.	The motion cannot be granted as it is not a prejudicial question.
C.	The motion cannot be granted because A should have filed an action to declare the marriage void before getting married to C.
D.	The motion will be denied because A cannot benefit out of his own wrongdoing.
Answer» B. The motion cannot be granted as it is not a prejudicial question.

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