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Married to an already married man how can I file for divorce


16-May-2023 (In Divorce Law)
I am married for almost 9 years and have a 6 yr old child. Our marriage is not registered. Now i wish to separate for compatibility concerns though he doesnt want to. Also to be noted that he was already married outside our marriage and has a grown up child from his first marriage and is still not divorced from his first wife either till date. I would want a mutual separation but what are the grounds incase i need to file a separation and will it be a legal divorce?
Answers (4)

Answer #1
999 votes
Dear client as u r second wife so yr marriage is illegal. so u cannot file divorce. But u can file for nullity of marriage on the ground of fraud if u donot known about his first marriage. For proper discussion call me

Adv prasad patil

Pune
Answer #2
701 votes
Ok. You have not disclosed ur religion. Of you are governed under Hindu law then legally you will not come within the definition of legal wife. So far as Hindu law is concerned unless and until 1st wife is legally divorced second can not be done. Now you can file case for 420 of IPc and also can file criminal case wherein you can demand all the relifs as you are in need and also ask for separation and protection.
Answer #3
994 votes
yes you can and it will be legally right and the grounds which you are asking can only be discovered when you meet the lawyer personally and discuss what all are the compatibility concerns and than only a lawyer can decide what will be the grounds to file divorce
Answer #4
964 votes
U stated that u married nine years back when he was already married .It means his first marriage must have taken place at least ten years or more that. When did u come to know about his first marriage and what steps u took . Did u try to contact his first wife ? Do u know that ur second marriage is illegal and he can be punished for bi gamy ? What is the arrangement he has made for u and ur child for future maintenance ? Mutual consent Divorce is possible provided he has made arrangement for ur safety and he is ready to give it. Contact advocate he will guide u .

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