Marriage cancellation Marriage cancellation

2 years ago

I got married a lady who is separated from her husband, but not leagally divorced, and my marriage was registered. Is that my marriage is valid? She blamed and betrayed me. She attempt sucide once without reason. So that i wanted to separate from her. I have asked her to sign on mutual understand notary bond papers to live separately, but she didn't signed. What should i do now?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You have to file divorce case under Section 13(1)(ia) of Hindu Marriage Act if you both of you married under HM Act.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.During subsistence of her first marriage, her second marriage has no legal validity.Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

If that lady concealed from you about the non completion of her divorce from first husband,i.e., the subsistence of her first marriage, then if you will take step u/s 495 IPC,1860, as amended up to date, then she shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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Anik

Responded 2 years ago

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A.Dear Client,
I need further information to answer as these facts are very vague like
1. What is your religion?
2. When did you guys married?
3. I cannot deduce who is who and who is married to whom.
Thank you
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