1. You could have opted for Annulment of Marriage on the ground of bigamy and cheating by your wife.
2. However, now you can file for divorce from her for fraud, cheating and mental harassment.
Hi, I was married to my wife for 3 years and have a 2 yr old son. We have a lot of fights and want to separate and Recently I got to know that she was married previously and divorced (this is 100% confirmed because even she herself told me that just recently). We married by special marriage act and she filed the marriage to me as “Single” .. she filled in our marriage form as single and she also did not inform me of this. Out of basic understanding I know this is a fraud and cheating case and I want to confirm if this can just get my marriage voided ? As i was cheated into believing that she was single. Any help would be appreciated as I want to go ahead with the proceedings asap. I want a good lawyer who can finish this easily and quickly as possible. As the story is very simple.
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1. You could have opted for Annulment of Marriage on the ground of bigamy and cheating by your wife.
2. However, now you can file for divorce from her for fraud, cheating and mental harassment.
You can file petition in family court for anullment of marriage on grounds of fraud as wife has suppressed material facts about her earlier marriage
2) take the plea that fraud was discovered recently and petition filed within one year of discovery of fraud
If she was divorcee at the time of registration and she concealed the fact then it's material misrepresentation of material fact.
So this is a good ground for declaring the marriage as null and void.
Seek alternative prayer for divorce as well.
Hi, you have to file a petition for divorce on the ground of cruelty and also state the facts of misrepresentation while marrying to you.
Check about her first divorce is done by the processes of Annulment of Marriage . In a divorce, the spouses are ‘legally’ married, therefore, when a divorce decree is passed they become divorcees because the marriage between them was legal and now it has been terminated. However, when you get a marriage annulled then you are not tagged as ‘divorcees’ because an annulment wipes out the existence of the marriage and declares that there was no marriage to begin with between the concerned man and woman.
A Christian marriage is applicable for annulment if either party:
In the case of getting a decree as per annulment the status of the spouse /person considered as Single.
Second marriage during subsistence of earlier marriage is null and void.So you can approach the court for getting a divorce decree. Before going to court cop up with evidence .
Hi,
How you would like to take further proceedings by court or mutual consent divorce.
If you are aware that she is divorcee or married status from first marriage. Please provide evidence.
I can provide legal proceedings.
Respected sir •
In such type of cases you will have to prove that she did such kind of acts in past for that you have to collect evidence against her by mean of any record that you can collect from any Court from where she took divorce in such matter her ex husband might help you by providing judgement of divorce once you collect that you have options available to file divorce petition as soon as possible and that is admitted in the eyes of law
I would advise you to get the documents first that will work as Proff for you
Thank you
The fact of earlier marriage before contracting this marriage should have been revealed instead of suppressing the same, however if she had dissolved the earlier marriage by a decree of divorce then it cannot be said be a material fact for this marriage.
Hence this marriage cannot be said to be void nor you can file a petition seeking to annul the marriage t this stage of married life.
You can however file a divorce case on the grounds of cruelty and can add this as an additional grounds for divorce.
1. If any one marries again staying in marriage legally with another person, then he/she will be charged with the offence of bigamy under section 494 of IPC punishable with jail term of a maximum period of 7 years with fine.
2. His/her wife/husband also will be similarly punished under the said section of IPC.
3. You are require to file a divorce petition on the above ground at the earliest.