I want to marry a man who is already married but I got pregnant

536 votes

You cannot legally marry him while his first marriage is subsisting. Under Indian law, a second marriage during the lifetime of a legally wedded spouse is void and amounts to bigamy, which is a criminal offence (punishable with imprisonment). Any such marriage will have no legal status, and you will not get the rights of a lawful wife (maintenance, inheritance, marital protections). Only Legal Way to Marry Him He must first legally dissolve his existing marriage: 1. Divorce by Mutual Consent If his wife agrees, they can file a mutual consent divorce. After the decree is granted, he becomes legally free to remarry. 2. Contested Divorce If she does not agree, he must file a divorce case on legally recognized grounds (cruelty, desertion, etc.). This takes time and court scrutiny. Only after final divorce decree can you marry under personal law or the Special Marriage Act. Your Legal Protection Now If he promised marriage while already married and induced a relationship by concealment or deception, legal remedies may arise depending on facts (cheating, emotional exploitation). But this depends on proof. Until divorce is complete, any “marriage” with you is legally invalid and exposes him to criminal liability. Proceed only through lawful dissolution first.

Advocate Pavani Kumari LawRato

602 votes

Firstly tell me whether he obtained divorce from the 1st wife or not during the existence of his first you can't marry him. if you want to marry him legally first he need to be divorced in accordance with in the court law

Advocate Pujari Triveni Reddy LawRato

817 votes

First, you need to understand the legal position clearly and calmly. If your boyfriend is already legally married and his marriage is still subsisting, he cannot legally marry you. Under Section 5 read with Section 11 of the Hindu Marriage Act, 1955 (if applicable), a second marriage during the lifetime of a legally wedded spouse is void, and it may also amount to the offence of bigamy. So, unless he first obtains a valid divorce from his current wife through a court decree, there is no legal way for you to marry him. Emotionally, you should also pause and assess the situation carefully. A person who entered into a relationship outside marriage and allowed it to reach the stage of abortion has already demonstrated instability and legal risk. Before thinking about marriage, you must ask whether he is genuinely committed, whether he is ready to legally end his current marriage, and whether he is taking responsibility openly, not secretly. Do not rely on promises. Insist on clarity, legal action, and transparency. If he is unwilling to initiate divorce proceedings, then practically there is no lawful future marriage possible. Protect your emotional and legal interests first.

Advocate K V Swajith Reddy LawRato