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Divorce for second marriage by husband is this possible
07-Mar-2023 (In Divorce Law)
My father being in his marriage of 27 years having 5 children married to another women and now he wants to file a divorce against her second marriage but the women is not ready to give him divorce so i wanted to ask that divorce given by my father is considered ??
firstly if your father has married keeping his first marriage in place without second marriage in itself stands null and void automatically, the question of divorce with second wife does not and cannot arise but yes he is liable pay maintenance and do everything for children from second marriage as well to kids of first marriage
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Adv. Aveek Bose
Kolkata | 500+ Answers
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As much as could be understood your father performd the second marriage during the subsistence of the first one, but as per the Hindu Marriage Act 1955, a second marriage is not permissible since first marriage is in subsistence. therefore the second marriage is void. Since the second marriage is void in that event your father can make an application for nullity of the marriage which is a better way to get divorce without filing divorce case because nullity of marriage is much easier to be proved. Many of my clients have got relief in this way, all the best, regards.
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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