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praveen   10 December 2015

Divorce required for Adultery

Does divorce is required for second wife if the husband has already married before only but dint informed the second wife about his first marriage and got to no later about his first marriage.so, does second wife needs divorce if she want to marry other person and first wife has not applied divorce she says she wont leave him. Please help me in his.Marriage done in Hindu format.


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 4 Replies

prabhakar advocate (advocate)     10 December 2015

The second marriage of the husband is null and void as per law as he married during the existence of first marriage.  There are contradicting judgments that the second wife required to take nullity decree from the court or she does not need to do so due to the nullity ab initio.  Any how, my suggestion is to file a nullity case and prove the husband's first marriage while he he performed the marriage with the second wife and the court will give give nullity decree. 

SAINATH DEVALLA (LEGAL CONSULTANT)     10 December 2015

I support the views of Adv Prabhakar,nothing more to add.

siddhartha sinha   10 December 2015

Rightly advised by expert above.

praveen   10 December 2015

How much time will be taken for this nullity decree(divorce) to get in court.

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