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How to file a case and get divorce as my wife is married to other guy


19-Apr-2024 (In Divorce Law)
I have been married for 4 years and my wife and stay seperate from each other past 1 year Now she has extramarital affairs and got married to him But she is still married to me How can I proceed ? What section case can I file against her ? Can I get a divorce without giving alimony? How to get divorce in this situation ?
Answers (5)

Answer #1
511 votes
Yes you can file divorce in Family court on the grounds of cheating.
Secondly,Her second marriage is void ab initio as you are still married not Divorced legally through Court of Law.
As a part of Evidence you will need her photos or some witness of her second marriage.
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Answer #2
510 votes
You must go for divorce by filing a Petition for that. Alimony is something which you need not pay on your own unless remanded for by her. As far as her second marriage is concerned, that is illegal. Feel free to contact me for seeking any further legal advice as regards the same.
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Answer #3
500 votes
You can seek divorce on this basis of having extra marital relationship. Yes you can avoid paying alimony to her but First of all if you are saying that your wife has extra marital affair or she got married to another guy you need to prove it to the court for avoiding liabilities of alimony
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Answer #4
661 votes
Hello when it comes to extra marital affair you should have proof with you of her marriage, this also false under criminal offence as bigamy and based on this you can get divorce as she is not entitled to claim maintenance being married to second husband
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Answer #5
938 votes
File FIR under Section 494 of IPC. Provide police the necessary proofs to show that wife is actually married to other person. If police does not file FIR, then you may approach the Magistrate court to get the FIR filed against wife.
Once the FIR is filed, your wife may negotiate with you to take back her case. You may then think on settling your matrimonial disputes.
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