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Clarification regarding marriage and divorce


23-Aug-2023 (In Divorce Law)
Hi, My husband was married to a girl in 2013 according to bengoli rituals and they both were bengoli. After 2-3 days of living together he found her addicted to drugs and smoking and behaving very abnormal way. After 45 days of marriage he decided to step back and finish this matter so he ask that girl to go back to her parents and he will file a divorce against her. She accepted his opinion and both get separated. my husband tries to file a divorce but she refuses come. Finally a lawyer said that you dont have any proof and even that girl is not coming to file a divorce you should go back and start your new life. in 2015 my husband and I met, I am rajput girl and we got married I know the whole story but I dont have any problem we done with Arya smaj wedding and gurudwara wedding and I have certificates of both the wedding but not court certificates. Now after 5 yrs she send me a msg that she file a case against my husband. Plz advice is the previous marriage is null and void ?
Answers (5)

Answer #1
764 votes
Dear client,

Your marriage is void as in the eye of law because ur husband did not divorce his first wife.Dear client asked ur husband to file divorce case againat his first wife on the bases of cruelty.Dear client for more clarification u can contact me and I m happy to help u.
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Answer #2
903 votes
hello Ma'am,
I understand your problem. Your husband will be liable for bigamy. She may file a case against your husband and your marriage will become null and void. you please consult your lawyer before it get more worst
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Answer #3
759 votes
My husband was married to a girl in 2013 according to bengoli rituals and they both were bengoli. After 2-3 days of living together he found her addicted to drugs and smoking and behaving very abnormal way. After 45 days of marriage he decided to step back and finish this matter so he ask that girl to go back to her parents and he will file a divorce against her. She accepted his opinion and both get separated. my husband tries to file a divorce but she refuses come. Finally a lawyer said that you dont have any proof and even that girl is not coming to file a divorce you should go back and start your new life. in 2015 my husband and I met, I am rajput girl and we got married I know the whole story but I dont have any problem we done with Arya smaj wedding and gurudwara wedding and I have Did you check with your advocate
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Answer #4
903 votes
Mam before the previous wife takes any action and files a case, you shall file legal cases against her through a well-vernal counsel in the concerned courts and police station. As your already filed a divorce case and has fulfilled all the legal obligation then it can be proved thereby in the courts of law.
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Answer #5
910 votes
So far as the lady is concerned , she has deserted her matrimonial home. And never took any step to rejoin her matrimonial home . In the eyes of law she is a deserter. A deserter has no illegal safeguard in law. Your husband can file very well file a divorce petition on this very ground.
In regard to your marriage it is a valid marriage and both are separate issues and can not be cojoined.
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