How to get divorce if my husband is already married
20-May-2023 (In Divorce Law)
I had marraige with persone who is already married.. we did MARRAIGE in temple...Now Im not with him and I want legal proof that I have no any more relation with him..So wt to do
Hi,
Your marriage with already married person is void-ab-initio i.e. its a void marriage ,
however you can file the petition for Nullity of marriage in the concern family court,
Nullity of marriage is a declaration by a court that your supposed marriage is null and void, and that no valid marriage exists between you and your partner. In other words, it is a declaration that the supposed marriage never happened.
Nullity (or annulment) is not the same as divorce. Divorce is a declaration ending a valid marriage. Nullity is a declaration that a valid marriage never existed.
In nullity law, there are two types of marriages that may be annulled or cancelled. There are void marriages and there are voidable marriages.
If your marriage is void, it is regarded as never having taken place. Technically, if your marriage never took place, then there is no need to go to court to obtain a decree of annulment - you may simply act as though the marriage never happened. However, you can obtain a court order declaring that your marriage is annulled.
If your marriage is voidable, it is considered to be a valid marriage until a decree of annulment is made.
A decree of annulment can only be made if one of the parties to the marriage applies to the court for a nullity. If the court decides that your marriage is voidable, it will then declare that your marriage was invalid from the start. Your marriage never happened.
Thanks
Your marriage with already married person is void-ab-initio i.e. its a void marriage ,
however you can file the petition for Nullity of marriage in the concern family court,
Nullity of marriage is a declaration by a court that your supposed marriage is null and void, and that no valid marriage exists between you and your partner. In other words, it is a declaration that the supposed marriage never happened.
Nullity (or annulment) is not the same as divorce. Divorce is a declaration ending a valid marriage. Nullity is a declaration that a valid marriage never existed.
In nullity law, there are two types of marriages that may be annulled or cancelled. There are void marriages and there are voidable marriages.
If your marriage is void, it is regarded as never having taken place. Technically, if your marriage never took place, then there is no need to go to court to obtain a decree of annulment - you may simply act as though the marriage never happened. However, you can obtain a court order declaring that your marriage is annulled.
If your marriage is voidable, it is considered to be a valid marriage until a decree of annulment is made.
A decree of annulment can only be made if one of the parties to the marriage applies to the court for a nullity. If the court decides that your marriage is voidable, it will then declare that your marriage was invalid from the start. Your marriage never happened.
Thanks
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