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 (5)


171 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


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291 votes

If your partner is already married, your marriage with you is null and void by itself and no divorce required. Only marriages which are valid can be dissolved by decree of divorce and not those which are already not in existence as in your case. Maximum you can file criminal complaint against him for bigamy under section 495 IPC and cheating u/s 420 IPC for not disclosing about his previous marriage and children out of the marriage and taking consent for your marriage

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214 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.

116 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.

208 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

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