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SURESH KALAGA (secretary)     13 June 2023

Marriage without divorce

Respected Attorneys, 

I request your kind self to help us with your valuable suggestion in a query related to a family case.

“ My brother was married to a lady in March 2022. That was a second marriage for both of them and both have children from their first marriages.  My brother got divorced from the court of law in 2018 from her first wife. And that lady did not get divorce from her first husband before March,2022, i.e. at the time of marriage with my brother. But in fact, during the discussions of the marriage, she was said to be a widow, which was a lie.


After 15 days of the marriage, my brother got to know that she is not a widow and she separated from her husband, and she married him without getting divorce. Her first husband is alive.


And immediately he called for a mediation with both side elders, and both of them has signed an agreement before them stating that the marriage was void as she had married my brother without divorce from the court. Both side elders also have signed as witnesses on the Mutual Consent Agreement. It has been four months now. She is not in my brother’s contact from then.


So, now since this marriage was legally not valid, can my brother get another marriage?  or else she may file any false cases against my brother?


Please leave your valuable and useful suggestion.





 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     13 June 2023

She cannot marry without divorce and so you file a case against her.

Real Soul.... (LEGAL)     14 June 2023

Until you  get mutual divorce decreed by the court or get  the marriage annulled you are still her husband.

And if you marry in such situation that is polygamy  and  she can at any time sue you.

SURESH KALAGA (secretary)     14 June 2023

Our marriage itself  is null and void and how can she sue me and on what ground/s?

kavksatyanarayana (subregistrar/supdt.(retired))     14 June 2023

As it is her fault, she cannot move to court.

1 Like

SURESH KALAGA (secretary)     14 June 2023

Yrs I am also thinking the same

kavksatyanarayana (subregistrar/supdt.(retired))     15 June 2023

Then proceed. 

Shashi Dhara   15 June 2023

Hurry to third marriage both ,marry don't take serious about previous marriages ,if any one take serious it becomes horrible ,so be sportive.

Alpa Jogi (Advocate) (Lawyer / Advocate)     19 June 2023

Better to get the maraige declared void before marrying third time.


Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad


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