LawRato

Want divorce from 2nd wife but she did not take divorce from husband


04-Mar-2023 (In Divorce Law)

Hello I have one critical situation and for that i need immediate assistance. In year 2015 i got divorce with my first wife after having relationship of 6 years and then I married a girl she was also divorcee. We have done marriage based on hindu law and process in April 2015. Now three months back I came to know that she had not taken legal decree of divorce from his first marriage, also she is addicted to drugs and also her mental condition is not stable. Now I want to take divorce from her but when I talk with local lawyers, they are providing different advises. Could you guide me?

Answers (2)

Answer #1
819 votes
You can get divorced from your second wife as per Hindu marriage act and it is not a material that your second wife get divorce form her first husband.

You have good reason to filling a divorce petition against your second wife but you have to maintenance your second wife until she will not married to another is she ask.
Answer #2
562 votes
Dear sir,
Understand this. A marriage, subsequent to a divorce or commonly called second marriage cannot be possible without either of the spouse receiving a valid divorce decree from the former matrimonial relationship. The fact that your second wife has yet not obtained a valid divorce from her former husband has nullified your marriage with her and it is invalid.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."