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Divorce with the first wife who isn't legally married


08-Nov-2023 (In Divorce Law)
The thing is the woman is married and she is 40years old without giving divorce to the first husband with whom she had a baby the hudband committed adultery so she had living relationship with other man and they have a child now their marriage was not registered. if the present husband wants to get married to some other women can he file for divorce and what about the custody of the child. Will there be any problem for the women the present husband wants to marry.
Answers (3)

Answer #1
930 votes
the woman also doing adultery . She has a child from husband and also a child from lover . Husband has the right over first child and the child is the legal heir of the husband but second child has no right over the husband property and the husband is not bound to give maintenance to second child. The lover is bound to give maintenance to second child and the second child is his legal heir. The husband must need decree of divorce as they socially known as husband and wife and he can get divorce easily on the ground of adultery as because her adultery has already been proved. The custody of child may be given to the husband as the woman is adulterous in nature.
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Advocate Jubina Begum

Adv. Jubina Begum

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Answer #2
820 votes
Dear Client adultery is no more a criminal offence as it has been struck down recently by SC ruling but it is still a ground of divorce. In this case both partners have commited adultery so why don't they file a petition for mutual divorce. They both cannot marry other person until and unless they get divorced. Custody of child would decided after divorce according to eligibility of the guardian. Please consult a lawyer or you can contact me here 8 6 3 eight 0 six nine 5 5 four
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Advocate Sudem Swargiary

Adv. Sudem Swargiary

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Answer #3
934 votes
If marriage is not there than how can he divorce. The 2nd husband can marry without filling divorce. However the 2nd husband must pay maintenance to his child. With regard to the custody, it depends on the age of the child. Consult a lawyer immediately so that you can get the proper legal help.
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Advocate Johnu Kanta Bhuyan

Adv. Johnu Kanta Bhuyan

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