LawRato

How to file for divorce if husband is already married?


09-Feb-2023 (In Civil Law)
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)

Answer #1
631 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
Helpful? LawRato16+ LawRato
Advocate Tushar Pahwa

Adv. Tushar Pahwa

LawRato Rohtak | 25+ Answers
Chat with Advocate Tushar Pahwa Chat 
Answer #2
924 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.
Helpful? LawRato17+ LawRato
Advocate Pardeep Kumar Ahlawat

Adv. Pardeep Kumar Ahlawat

LawRatoPanipat | 25+ Answers
Chat with Advocate Pardeep Kumar Ahlawat Chat 
Answer #3
812 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.
Helpful? LawRato22+ LawRato
Advocate Surender Yadav

Adv. Surender Yadav

LawRatoGurgaon / Gurugram | 25+ Answers
Chat with Advocate Surender Yadav Chat 
Answer #4
975 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
Helpful? LawRato19+ LawRato
Answer #5
841 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
Helpful? LawRato16+ LawRato
Advocate Sumit Sharma

Adv. Sumit Sharma

LawRatoFaridabad | 25+ Answers
Chat with Advocate Sumit Sharma Chat 

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.

Report abuse?

Connect with top Civil lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

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

All Answers

Googling your legal issue online?

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

LawRato