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How to get marriage declared null and void if wife already married
31-Aug-2023 (In Family Law)
I got married in Feb-2018 and recently came to know that my wife is already married previously (since May-2009) and not divorced yet. I was completely unaware of this fact until now. Even the court has given her an order to go back and resume her marital life with her earlier husband (dated 2016). I am pretty much in a shocked state since then and have all the evidences around her first marriage. She has cheated on me in a full sense. I am not sure what to do now and how to get out of this, as I no longer wish to continue to stay with her. I have already filed a petition for null and void marriage and really want to know whether this should make a strong case or do I need to opt for a different case. Please advise me on the case. I do have all the photo evidences and the court order statement (which is verified through online services.) Really, appreciate a quick response. Thanks.
Sir,
If she her previous marriage is not dissolved by Decree of Divorce then her subsequent marriage to you is not valid marriage .You have stated that you have already filed Petition for declaring the marriage void which is the correct step. Rather than depending on photo evidence which you refer to get certified copy of the order from court directing her to resume co habitation with her husband.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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Hi
In this case you can file petition for nullity before the family court
You can establish the fact of her previous marriage by putting evidence
This is a marital fraud which is covered under the hma
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Adv. Rohit Shaligram
Pune | 5+ Answers
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Case of Null and void fits when you wanted to separate and marriage without divorce is no marriage at all. Therefore case of declaring marriage Null and void is right.Along you can also file criminal complain for cheating as she cheated you.
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Adv. Sheetal Bhutada
Pune | 25+ Answers
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Dear client,you May afraid to section 376 to keep relationship with a person who is already married,but in law it is cleared mentioned if the defendant know it,so in this Case she deceived hence don't take tention of this clause, and that right goes to her husband you both are husband at present situations.no doubt this marriage is null and void ab intio.but if you like she,you can continue the marriage as she is more than 3 year's apart from him.show faith on her what were the issue , don't take tention of law,anything done in good faith and belief is not a crime. Wish you all the best.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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