Null marriage as sec 17 is applicable


As i have filed a divorce case on basis of adultery and cruelty against the lady as after 3 years of filing case .I got the proof that she is already wife of any other person.both opposite party against whom case i have filed is husband and wife.kindly guide my case has taken 5 years.as sec 13.1 i have filed against the lady and his husband .can we demand for null marriage in petition or file on more petition as filing one more petition will take time.

Answers (2)


266 votes

According to the hindu marriage act no married person male or female can do another marriage without having decree of divorce awared by the competent court if the partner is alive. So if your wife was married at the time of your marriage then this marriage is null and void. in my opinion you have already waste 5 years by filing petition for divorce. if you have sufficient proof of first marriage of your wife then it is better to file a petition against your wife for declaration of subsequent marriage as null and void but you have to file an application for widrawal of divorce petition with the permission to file fresh suit / petition in the court. After widrawal of divorce petition with the permission to file fresh suit then you can file a fresh petition for declaration of the subsequent marriage as null and void. I think you should get all the answers to your query. still you want any further information or any other advice then contact me without any hesitation through administrator of this website


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210 votes

new client you should file a complaint 494 under this section kiss for more clarity you may contact us advocate Anurag at Allahabad High Court it's a best option for YouTube file former clear to you may contact us advocate

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