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Varun Pawar   20 April 2020

can this case be fraud and marriage be void or nullified

Dear Sir/Madam

I am a legally divorcee and I married 2nd time to a gal through matrimony site in October 2018. At time of our marriage she told she is also divorcee as the one whom she did her 1st marriage broke on same day as the guy whom she married already had a wife and he had cheated her . At the time of knowing each other she introduced a person X as her brother and told he was the one who had arranged her previous marriage and also he was involved in our marriage . But after few days of marriage I came to know that these both has cheated and whatever they told was ,lie divorce not taken in 1st marriage moreover she is having physical relationship with her so called brother X as I caught them red handed and they both have cheated us ,Now the problem is she was concieved at time of this incident just a week we had the news . So wat are the best advice to go about this case.


 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 April 2020

As your so-called wife is still not divorced from her first marriage so during the subsistance of the marriage, second marriage is void and is thus illegal. You can file a petition seeking divorce on this single ground after obtaining the proof of pendancy of the divorce petition of her first marriage on the day of your marriage with her.


So far her conceving is concerned, no doubt the child born out of such conceiving shall belong to you and you cannot be absolved from the liabilities towards the child.

Varun Pawar   21 April 2020

Thanks for the guidance sir
Can she claim any alimony or maintenance

manohar   21 April 2020

She can not claim anything from you as marriage is avoid and illegal

Dr J C Vashista (Advocate)     21 April 2020

What is the evidence qua subsistance of her first marriage ? If so, subsequent marriage (if your marriage was solemined under the provisions of Hindu Marriage Act, 1955) is void.


Real Soul.... (LEGAL)     21 April 2020

You have to prove that she was already married at the time she married you,only then you are free from marraige without paying anything ,instaed if you could establsih the fact you can file for  cheating against her

P. Venu (Advocate)     21 April 2020

Any suggestion depends upon the evidence that you can adduce to establish the alleged instance of deception.

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