• Wife refusing to provide annulment order of ex husband

My wife and I are divorcing. My wife was previously before my marriage to her. As part of the divorce she was asked for the case number and county/city/country of the dissolution. Instead she provided an attorney statement that says she petitioned court for annulment. Court replied. However Ex husband never responded to court order. Is her claim that she is legally free to marry again true or is my marriage to her void?
Asked 6 years ago in Family Law
Religion: Christian

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15 Answers

Even if the husband did not appeared before the court then also the court must have passed an exparte order. Ask her to produce the said order instead of attorney statement.

if there is no order from the court then your marriage will be void since she will be considered to be married at the time of her marriage with you.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See in case she got exparte annulment decree then in that case marriage is valid. She can legally remarry.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if she got divorce decree then she can remarry legally. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your marriage with her would be void, if your wife does not have a degree of an annulment from a court having competent jurisdiction. Attorney statement has no value in the eyes of law, in absence of a valid degree of annulment

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

if family court had passed order for anullment and no appeal was filed by her ex husband she was at liberty to remarry after anullment decree was passed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Wife is practically saying that she filed a petition for annulment whereupon court issued summons to her husband but her husband did not contest the case, hence court granted ex parte decree in her favour.

2. She was free to remarry after the lapse of limitation period to challenge ex parte decree of annulment.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You have actually review the copy of annulment of marriage order by court without that how can you will prove later that she has nullity or nullify her previous marriage. Till the time she can't prove this than your marriage with her will be void and not valid.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can't believe till you see the court order. Apply the copy of order from the court to confirm

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

She should have provided you the details. Attorney statement don't amount to much. Why is she hesitant. Maybe there was no annulment and there was a bitter divorce. Find out for your self through a detective.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. If she had not availed the decree of annulment/divorce from her first husband before marrying you, then her marriage with you shall be considered as void at law.

 

2. Mere filing a petition for annulment of marriage does not pass the decree of annulment or divorce.

 

3. If she has not taken valid divorce from her first husband, then a charge of bigamy can be brought against both of you which is punishable u/s494 of IPC punishable with jail term for maximum period of 7 years with or without fine.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask her to bring dissolution order by court otherwise court will annul the marriage due to subsistence of previous marriage.

File application in court to summon dissolution order.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

As rightly stated by you until the order passed in her petition is perused, it cannot be clarified. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If she have obtained Ex-parte order for annulement of marriage through divorce and it was not opposed by ex-husband.

Then your marriage will not be considered void. And she was free to marry again. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Without dissolving the previous, contracting a marriage again with another person will not make this new marriage valid as per law.

Until you have not confirmed about her divorce of the previous marriage, you may not form any opinion about it.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

No, she cannot marry without divorce or annulment of marriage.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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