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Husband lying about previous divorce, not applying for my visa


03-Mar-2023 (In Divorce Law)
Hindu marriage. My hubby is a PR in Australia and was married to an Indian lady before me.Before my marriage with him he told my family his divorce is completed, so in that belief I got married to him. After marriage,i got to know from him that one last hearing is remaining & he will get the decree after which we would be able to register our marriage.He got the decree 1-1/2 month after our marriage & he registered our marriage 10 days after obtaining the decree.Now even after 1 year of our registered marriage he is not applying for my visa giving me foolish reasons & when i approached few of my known people from Australia who are also his friends, they told me that my husband is telling them that the previous divorce is still not finalized so he cant apply for my visa coz if he will apply for my visa, his own visa will be cancelled.i am really confused as to whether he is still divorced or any pending issue is going on. What should i do?is it posibl to divorce him for his fraud?
Answers (4)

Answer #1
988 votes
my dear friend first of all you decide whether you wants to live with him or not
as far as your marriage concern your marriage is a void marriage on the ground of bigamy you have legal rights in criminal and family law both
you can file complaint against him for offences relating to marriage .
contact for further details .
Advocate Manish Gupta

Adv. Manish Gupta

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Answer #2
623 votes
Dear mam as per your query and according to law you file criminal complaint against your husband also in laws before police station also file a divorce petition before family court because your marriage null and void as per hindu marriage cat section 5
Advocate Chandrhas Singh

Adv. Chandrhas Singh

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Answer #3
723 votes
First u should collect the copies of ur husbands divorce petition which he file in court...then u will sure that what is the actual position of this case this time..then u can thought of ur next step.if ur husband is false then u should be able to file a divorced pitition in session court..
Advocate Harish Kumar Pandia

Adv. Harish Kumar Pandia

LawRatoChuru | 100+ Answers
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Answer #4
985 votes
IN section 494 IPC whoever having such wife living , marries in which such marriage is avoid by reason of its taking place during the life of such wife shall be punished with imprisonment of either descriptions for a terms which may extend to seven years and shall also be liable to fine. exception of this section does not extend to any person who marriage with such husband or wife has being declared void by a court of competent jurisdiction .
section 95 IPC some offense with concealment of former marriage from person with whom subsequent marriage is contracted .
hence marriage is void and you can take divorce from your husband and also complain in the police station under section 420 , 494, 495 as fraud.
Advocate Kalyan Sahai Agarwal

Adv. Kalyan Sahai Agarwal

LawRatoJaipur | 25+ Answers
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