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Dowry harassment case against 2nd husband without divorce to 1st husba


31-May-2023 (In Domestic Violence Law)
Dear Sir/Madam, I married a lady, both of us was 2nd marriage and are Hindus, I got divorce by Court for 1st marriage, my wife married me without taking divorce from Court for her 1st marriage, I came to know that they have only written on papers for divorce. Now my wife and in laws are harassing me and trying to file 498a dowry harassment case. Being our marriage void, can they file such cases? Please help me.
Answers (2)

Answer #1
645 votes
Dear Vishal, if you are aware about the fact of divorce being not taken validly through court by your wife and still married her then you are also liable for prosecution. However, the marriage between both of you is not valid in the eye of law, hence you can file a petition to declare your marriage is Null and void. You can contact me for further legal assistance.
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Answer #2
652 votes
Yes they can file 498A. since you married that lady. Validity of her marriage with you court will decide. Since she have some divorce papers related to her first marriage. for further queries if any contact near by Advocate who can help you .
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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.

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