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Validity of marriage with a divorcee spouse


08-Sep-2023 (In Family Law)
Respected AttorneyI got forced married with somebody when her divorce application was still on processing state. I got to know about her incomplete divorce when we went for marriage registration. She lied me before the marriage. She got her divorce from previous marriage in 3 month after marrying with me. We then registered the marriage after her divorce is approved. In marriage certificate, mentioned married date was when her divorce process was still going. Registered date was after her divorce. Could you let me know whether this is a legally valid marriage? If we want to be separated, whether we have to file divorce or annulment? Whether it should be mutual or can be started from by my side?
Answers (2)

Answer #1
819 votes
As far as the validity of your marriage is concerned as on the date of marriage the bride was married to some other person and therefore it is invalid. But you had decided to proceed with the registration even after you came to know about the pending divorce proceedings. It is intriguing to see the you got the marriage registered even after the bride suppressed a vital fact. However the marriage is voidable.
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Dr. S. Diraviam Dinesh

Dr. S. Diraviam Dinesh

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Answer #2
754 votes
Dear client.... Kindly answer the following questions for better query clarification... 1. can you tell the correct date of registration of marriage. 2. when you came to know about divorce proceeding pending? 3. how do you say the marriage was forced one?4.now the divorce case still pending or disposed? if in case during pendency of the divorce case the marriage will happen that is void. so you need to get order of null and void of marriage. need furthermore clarification, doubt please call me advocate Iyappan.E thank you
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Advocate Iyappan. E

Adv. Iyappan. E

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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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