Want divorce whether marrying in blood relation ground for divorce

Hello, I am 25 years old married women, have got married with my one of relative in jan 2015. Its was love marriage and in blood relation so was opposed by both family, we lived together for just one week then i left his home due to constant pressure from both family. Now i want to marry with guy who arranged by my father. So how can i take divorce from my husband, because he is not ready for mutual divorce. Also what will happen if i remarry without taking divorce. My father's mom and my husband's mom are real sisters. We are hindu maharashtrian. Pls guide

Answers (3)

340 votes

Being a Hindu Maharashtrian your marriage violates the provisions of Sec 5(iv) and 5(v) of Hindu Marriage Act and is null and void under the law. You can file a petition in Family Court so that you can get your marriage declared so by a decree of nullity and than can marry another person. Without decree if you marry your previous husband may file a case of Bigamy with police which is an offence under Indian Penal Code.

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110 votes

Given facts show that your marriage is a void one. You can nullify this marriage through petition in the family court. When your marriage is nullified, your status as unmarried can be regained. But it depends upon the merits of the case. You cannot may while other marriage is in force.

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194 votes

Dear client u can file the petition to get marriage null void under sec 10 and 11 of Hindu marriage act. If u married without taking divorce then yr husband can file case for bigamy against u and u will be punished for five years jail. For any legal help call me

Adv prasad patil


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