Continue to LawRato.com with Google


Legal implication of marrying a non divorcee women

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)

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.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Family Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
18 years Experience
Advocate Preeti Joshi
District Court, Gurgaon
10 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
21 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
21 years Experience

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.

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

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Similar questions

Married person without getting divorce from first wife married another woman. The parents of first wife had filed FIR in PA.police had called the woma…

Read More

Actually my wife put a 498A case on me on 23 Oct 2017. We married on 26 Nov 2015.But still there is no children. But from last 8  months she clos…

Read More

Me n my husband married in nov 2010 our son was born in 2012 oct.my husband owns a flat in navimumbai where v were residing till sep 2013 for all thes…

Read More

My brother (30yrs) is in a relationship with a married girl (30yrs) from last 5 years. Now she moving back instead of getting divorce. Emotionally he …

Read More

Get free assistance for your legal issue