My wife was legally married before our marriage..I want Divorce

506 votes

Sir, if your wife was legally married to someone else before she got married to you then your marriage is NULL & VOID from the first day itself whereas you both stayed together for considerably long period as husband and wife and hence your relationship by virtue of conduct is husband and wife whereas you can definitely claim that your marriage is null and void by filling a case of declaration against your wife but your children will definitely be claiming maintenance from you and your wife will too and the court might grant the same in her favour so things are not as simple as they look. you need to go further very cautiously and carefully before approaching any forum for any kind of relief.

Advocate Harshit Jain LawRato

531 votes

sir, in case she was married before and not taken divorce from him and again married to you than surely your marriage would be called null and void. and it will be charged onto him for adultery and FIR to for cheating and fraud played to you. and once you prove this than i will suggest you to file divorce on these grounds.
Best of luck.

Advocate Salil Tripathi LawRato

886 votes

The primary ground which lies in your favour is to get the earlier marriage of your wife dissolved or get your own marriage dissolved by filing of nullity petition in the nearest court and law is in your favour

Advocate Palav Agarwal LawRato

882 votes

Hi, divorce and child custody both are different matters. Since your wife was already married and did not take divorce prior to your marriage, the present marriage may be null and void. Regarding child custody, the age and welfare is utmost important.

Advocate Ganesh Singh LawRato