sam munjal (na) 29 September 2014
i did marriage before taking divorce from my first wife i filed null void marriage for second marriage i told judge and attaceh all document where second wife admited that she now my divorce not granted but judge told me your are fuality and you came for null void i withdraw case and judge recomend file divorce but i dont understand if my marriage is void how can i go for divorce
Charanjit Singh Ghumman (advocate) 01 October 2014
Because you married second time without divorcing the first wife your second marraige is null and void.
The first marriage subsists and you need to go in for divorcing the first wife and than only you can apply to declaration that your second marriage is null and void.
Keep in mind the provisions of Section 494 IPC and be ready for time behind the bars if your fist wife persists in your prosctution
T. Kalaiselvan, Advocate (Advocate) 05 October 2014
Instead of you filing a case for divorce or null and void, ask your second wife to file a case for null and void based on your facts, i.e., married second time when the first marriage was subsisting.
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