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nez247 (brand manager)     19 May 2012

Please help- second marriage without divorce


I have a query which I cant solve just by searching on the internet and hence i stumbled upon this website.

I have been married since 5 months and everything seemed ok. The man i got married to was already married but seperated from his wife. I knew him since my college days and we were in a relationship before he got married. I moved away to england to study and he got married here. It was mutually and amicably decided to do the right thing. He soon seperated from his 1st wife due to her bad behaviour and we started talkin again. I finished my studies and came back to india and we fell in love again. I was so much in love that we decided to get married. My father doesnt know of his past and our famiily memebers co-operated and we got married in arya samaj temple.

the problem now im facing is that his divorce is not coming through as promised by him and i found out that nothing has been done legally.. his 1st wife just left him and thats when we met.

i searched on the internet that i can annul this marriage but i am completly ignorant of these legalities and dont know where to start. I feel trapped and helpless. Also, I wantit to be on grounds of him being already married. I dont want any legal action against him as i fear that he will be penalised if the court knows of his 1st marriage(something i dont know because of my ignorance). All i want is a quiet annulment and just leave. I dont want him to get hurt. will he be punished if i file for annulment based on his 1st marriage. OR if our marriage is automatically null right frm the start then can i just leave or i still need any proper filing or paper or documenty????

Please if someone is out there who can help me sort things out then i will be really greatful.


 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 May 2012

You can obtain a decree of nullity from the court against him, The court won't punish him but will only grant you the decree. He can be punished  if his first wife files a complaint against him for the offence of bigamy. Contact a local advocate.

1 Like



Dear Querist,


As I understand after reading your statement of facts, you married your husband during the subsistence of his first marriage, hoping that his first marriage would be dissolved by the court/ under an impression that his first marriage has already been dissolved.

Under the Hindu Marriage Act, a marriage where one of the spouses is already married at the time of marriage, is null and void, and can be so declared by a court of competent jurisdiction. You may, therefore, file a petition for declaration of your marriage as null and void. The court would not punish him as the proceedings before it would be confined to recording a finding on whether or not your husband was already married at the time of his marriage to you.

Having said this, he is liable to prosecution under section 494/495 IPC carrying an imprisonment of up to 7 years if a complaint in this regard is made by the first or second wife. As you would have to establish his first marriage and its subsistence, you may have to call as witness his first wife. It is fraught with the risk of her coming to know that he has remarried. Therefore, go for annulment only if  you are sure that the first wife doesn’t have any intention to file a complaint of bigamy against him, or she has no means of discovering the fact that he has remarried(if she doesn't know the same already). In the event of an FIR being registered by the police on her complaint, he runs the risk of facing prosecution for bigamy. 

Be careful!



Ashish Davessar


1 Like

nez247 (brand manager)     19 May 2012

Thank you for your responses.. So in a nutshell i do need a legal document for annulment even if the marriage is null righ from the beginning and cant just leave... AND the court will not punish him for this annulment filing unless and until either of his wives file a complaint.. Just an annulment wont do him harm at all.. RIGHT????



nez247 (brand manager)     19 May 2012

Thank you soo much for your help..


Sandeep Naik (Advocate)     19 May 2012

It is the righ advice given by the above respected advocates. It seems that your so called husband seems to enjoy bigamy as he never showed interest in filing divorce. Did u ever ask him for not doing so ? It is u who is worried and not ur socalled husband. I am sorry to state the hard facts but it is a lesson for the other ladies who just fall in love and then repent. Now what will be ur future ? Did u ever think of it ? God may bless u

Sandeep Naik


MOB : 99670 56980

Anjuru Chandra Sekhar (Advocate )     19 May 2012

Go for Sec.12(1)(c) of HMA.  Say, husband fraudulently concealed the fact that his parents were alive by telling lies that they are no more, but you later found that they were alive.  And also that husband is forcing you to serve them without doing a job, which you don't like, for these reasons you want marriage to be nullified.  Husband admits that he had fraudulently obtained her consent by telling lies about parents death.  You don't have to call his wife to give evidence on this ground.  It is between you and him only.  You allege he concealed, he accepts he concealed because if he does not do so, you would not have married him.  Mutual Consent Nullity. MCN.:)

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