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Krish (IT)     20 June 2013

Divorce & nullity

Hi All,

I am NRI. Got married to an Indian girl who was just used me to gain recidency "Green Card". Our marriage lasted for 3 years and I have found out that she was Married at a time of my marrige. As she hasn't give a divorce to her ex hunsbad till after our wedding(only she has is mutual separation document).

I have filed the complaint agianst her and lodged the case in Indian Family court. However, she hasn't appeared in a court yet!! Second, her lawyer sent a 8 page letter stating that she is my legal wife & had mutual understanding divorce from previous husband & accused me that I have steal all her money & "stridhan" dowery (her cloths & utencils etc).

We had a joint accounts and shared all the expences during our marriage. Now she is asking for all money in cash & "stridhan" which is totally wrong information!!


What should I do next?


 9 Replies


Transfer all such money, property to your mother/brother/father immediately.

gautam arora (Asst. Law (PSU))     20 June 2013

You have not mentioned your religious status so as to determine whether your marriage is governed by provisions of Hindu Marriage Act or Special Marriage Act and how was your marriage soleminised and at which place??

gautam arora (Asst. Law (PSU))     20 June 2013

According to Hindu Marriage Act,1955

Conditions for a Hindu marriage.
5. A marriage may be solemnized between any two hindus, if the
following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the

So your marriage given the facts of the case is null and void.

1 Like

Krish (IT)     20 June 2013

I am Hindu..and got married in Gujarat.

Adv Archana Deshmukh (Practicing Advocate)     20 June 2013

File for a decree of nullity in the family court.

Sameer12345 (SSE)     20 June 2013



Under which section have you filed complaint?

Krish (IT)     20 June 2013

@Sameer12345 I have no idea which section it is !!! Does this makes difference?.

Even filing decree of nullity in family court; does she have to appear into court? I have no idea how even she got passport of my name while holding a old passport to her ex husband without Divorce paper!!!

Sameer12345 (SSE)     20 June 2013

instead of filing complaint, it is better you approach family court with the advocate.


File Section 11 and ask for decree of nullity.


If you know the person with whom she is married before, summons him as respodent.


Once summons served properly to both the respodent, Family Court may pass ex-party decree in your favour in case if both respodent does not appear.

Adv k . mahesh (advocate)     20 June 2013

before filing for any type of cases 

1. take the passport evidence of previous husband 

2. if any evidence you can show there marriage photos 

3. bank statement with counter signature of the bank 

to help to file cases 

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