About divorce About divorce

2 years ago

sir, my brother married a lady on june 2020. For that lady the marriage was 2nd marriage.she did not get divorce from the previous life partner and we did not know about it. At the time of marriage we asked about papers but they said we have paper we will give it before marriage. we were believed them so we were not forcing them. After marriage we realize the character of the lady. So my brother was not interested to continue life with her. so we applied for divorce with help of a lawyer. But they will not accept our complaints about her. They lived together one and half month only. after that more then one year we were proceed for divorce.

Vaidehi Samant

Responded 2 years ago

A.If the woman has not legally divorced her first husband than her marriage with your brother is null and void in the sense the marriage does not exist in the eyes of law so in that case your brother does not need to obtain any divorce from that woman and therefore legally he is free to marry again. But kindly confirm that the woman has actually not obtained divorce from her first husband.
Thank you.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Your brother has to file a complaint petition before the Magistrate Court against that lady for declaration of that the marriage as void as per Section 494 read with Section 495 and Section 496 of the Indian Penal Code, 1860, as amended up to date. Your brother was cheated by that lady so Section 415 of the Indian Penal Code, 1860, as amended up to date is also relevant in this regard.
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