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What can i do if i marry without divorcing first husband


17-May-2023 (In Family Law)
Hi . I am a govt employee and want to marry a lady with two kids. She is already married but her husband left her and ran away 4 years back. That guy was a ruined human being and during his stay he had done all sort of cruelty on her. She has filed divorce but nothing is happening . I want to marry her and adopt both the kids . my questions : 1.Can i marry her before divorce ? 2.what are the options i have ? There is only 1% chance of that guy filing any case against me. 3. No one is coming from husband's side on court hearings . 4. even if they file case against me , will the order be in favour of me as the Supreme Court keeps educational and social welfare of children above everything ? 5. they are lot of audio recording to prove he is not a nice guy and not safe for kids to live with him.
Answers (3)

Answer #1
880 votes
See if no one is coming from his side then court will order in your favour ex parte and for child custody you have to file another case ....once the case is disposed off your problm will be solved instantly....
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Answer #2
924 votes
No, you cannot marry a Hindu women who is already married. If no one is attending the case from the respondent's side than court will order expartee and wife needs to prove that cruelty and desertion has been done to her .Yes, audio recordings can be consider as an evidence..Thank you.
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Answer #3
528 votes
firstly without divorce you cannot marry with her no any legal provision . you can't adopt children's without permission of natural guardian (father ). out of law u marry with the lady but not registered marriage or you live with her in living relation ship.but no legal provision to marry without divorce .
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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