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Legal implication of marrying a non divorcee women


07-Mar-2023 (In Family Law)
If legally divorce person marry women who is not legally divorce What would the implications for legally divorce husband as women is not legally divorced What cases be filed against legally divorced husband n his family
Answers (3)

Answer #1
821 votes
Not legally divorced women means she is legally wedded wife of somebody. You can't marry her untill the decree of divorce from his previous marriage is not granted by the court. If you still marry her, it is punishable for 7 years. If you have sexual relationship with the legally wedded wife of somebody, you can be punished for the offense of adultery for 2 years terms, if proved.
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Advocate Ankit Sharma

Adv. Ankit Sharma

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Answer #2
709 votes
Your marriage with the woman will not be legal since she is already married to someone else. till the time they do not separate your marriage with that woman and vice versa will not be legal. No legal status can be accorded to your relationship. First ask the lady, whom you want to have as your legally wedded wife to file for divorce, get separated and then marry you.
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Advocate Shah Rukh Ahmad

Adv. Shah Rukh Ahmad

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Answer #3
834 votes
For a marriage to be legally valid, both the parties to marriage must not have a spouse living at the time of marriage i.e. neither the bridegroom nor the bride should already be married at the time of their marriage. A marriage in breach of this condition is void ab initio and has no effect in law. Accordingly, a man cannot marry a legally wedded woman unless she obtains a decree of divorce from competent court. In addition to the fact that their marriage will have no legal effect, they will also be liable to be prosecuted for the offence of bigamy which is punishable with maximum imprisonment of seven years. Moreover, if the man has sexual relation with the woman he can be prosecuted for the offence of adultery which is punishable with maximum imprisonment for two years.
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Advocate Gyanendra Chaturvedi

Adv. Gyanendra Chaturvedi

LawRatoDelhi | 25+ Answers
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