How to file for divorce if husband is already married?


Mere partner me mujhse dhoke she shadi Ki h WO pehle hi shadishuda h or 2bediya. B h or pehli wife she divorce b nhi hua h

Answers (4)


316 votes

Hello,

yes, you can easily file a divorce petition against your husband in order to get divorce, because your husband is very well culprit of BIGAMY under HMA Act. and the marriage is void itself in the eyes of law, if the date of such marriage either party had a husband or wife living.

Moreover, some penal actions shall also be applied against him.

thanks


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

132 votes

for a valid marriage it is required that the parties to marriage shall not have living spouse and if there is living spouse then in such case the second marriage is not valid. In other words it can be said that second marriage is no marriage. Hence there is no requirement for divorce from the second marriage. The person deceived by such second marriage can get remarried without any divorce, as he/she is not legally considered married under the circumstances of second marriage, as is your case.

Popular Civil Lawyers


Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
23 years Experience
Advocate Peeyush Kaushik
Dwarka District Court, Delhi
11 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
25 years Experience
Advocate Vijay Tangri
Saket, Delhi
20 years Experience
113 votes

If your husband is already married, ur marriage is null and void. But if you want you can file a divorce petition bigamy is a ground for that. You can also file a criminal complaint against your husband if you want.

222 votes

You can file a divorce petition to declare the marriage null and void under section 11 of Hindu Marriage Act and court after going through the case can pass the decree. You can also file a criminal complaint u/s 494 Bigamy i. e Marriage again during the lifetime of first wife and he can be punished upto 7 years for that

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 Civil Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles