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praveen   07 December 2015

Is divorce required

I am from Hyderabad, i am in love with a married lady for 8 years till now we are unable to forget each other in between we tried to forget each other but it dint happened.so,now we want to marry each other.where her husband already had marriage with other lady before only but he dint told till my lady has one child .where he already had 2 kids in village with his first wife. Where my lady wants divorce from him and wants to leave him. When comes to me I never had marriage before but now want to marry her. Sir,please find the below points for which we need clarifications.. 1) does she required divorce.if yes, what will be the process. 2) can we marry each other in register office. 3) is child custody is required. 4) if we marry each other without any divorce what happens. Please help us solving the problem .so,we can marry each other.we waiting for a happy reply.


 7 Replies

Hariprabha (Nil)     08 December 2015

If her husband was already married and is not a Muslim, then her marriage is not valid under lndian law hence divorce might not be needed. But since there is a child involved, problems regarding custody might arise. It would be better to consult a good advocate before you tie the knot.

b.goheel   08 December 2015

nature of divorce may vary bt divorce is a must once one marry.


Well her husband was already married before marrying her, so her marriage is not valid in the  eyes of law.It would be treated either as adultery by him or live in relationship with her.Hence the term divorce by her does not arise.Are U sure he has not divorced his first wife? Under which act did she marry him?


praveen   08 December 2015

He dint told her(and Family members) that he had already married another lady before only and there family members has not verified any background of him. Bad thing comes is he's age is 46 and her page is 24 only now date(08/DEC/2015).First lady has not applied any case on him on remarrying. Does he have any chance to fill a case if we both marry each other.Please help.

praveen   09 December 2015

Her marriage was done in hindu format with pathrika and photos are present with him and not having any certificate's on marriage.


This becomes bigamy on her first partner. Even if you wish to marry her it has to be in a legal way. And the custody of the child had to be made by legal understanding else it would be problematic at a later stage... For you are in question better reach a righteous advisor. Attraction kills peace at a later date. And a women is not a puppet or commodity to make extensive choices.

KISHAN DUTT KALASKAR (Advocate)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.


With regards,

Legal Expert

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