• Second marriage without woman's divorce

I am a divorced man, I want to marry a woman who was left by her husband 1.5 years back when she was pregnant, without any cause. She is victim of mental cruelty and unwanted physical relationship with his husband for 2 years of marriage. Now her husband wants to take her back, woman wants to marry me but husband is not willing to give her mutual divorce.
How can we get married at the earliest? , further will we get custody of child? I am a government servent can this make any implications on my job ?
Asked 3 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

First she has to take divorce and custody of child with her and later on if you get married with her than you need to adopt that child.

If you marry without divorce still that marriage will be called invalid marriage and regarding your job there will be not any implications.

Ganesh Kadam
Advocate, Pune
12892 Answers
250 Consultations

4.9 on 5.0

She should file a contested divorce petition against him immediately. She has to prove that he was cruel and in fact he did all these things. She'll get the divorce.

Rahul Mishra
Advocate, Lucknow
14054 Answers
65 Consultations

5.0 on 5.0

You cannot marry the lady unless she is divorced from her husband 


2) contested divorce proceedings take over 5 years to be disposed of 


3) if you marry her during subsistence of her earlier marriage her husband can file case of bigamy against you and his wife under section 494 of iPC 


4) you can be dismissed from govt service 

Ajay Sethi
Advocate, Mumbai
93476 Answers
7244 Consultations

5.0 on 5.0

  1. You cannot marry her unless she gets divorced. It won't be a legally valid marriage at all. 
  2. If she's willing to move the family court to petition for divorce, my services as counsel (lawyer)  are at her disposal. 
  3. However, I need an exhaustive consultation session with her first, to be able to assist her in divorce and custody /guardianshp of the child matter. 
  4. Hence she needs to visit me for exhaustive consultation. I'm assuming she's based in Mumbai? I'm also based in Mumbai /NaviMumbai; hence it shouldn't be much difficult for her to visit me. 
  5. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1527 Answers
5 Consultations

4.4 on 5.0

The second marriage with out getting a divorce decree from first marriage is null and void. If she dislike the company of husband due to mental cruelty, she will file a divorce against her husband at the earliest.

Now shot cut formal is available for getting marrying her with out getting a valid divorce decree from her husband. She is mother guardian and normally small child having custody of mother. Please note that you are a government servant ,if you are keep the law it will affect the job. 

Ajay N S
Advocate, Ernakulam
4069 Answers
108 Consultations

5.0 on 5.0

1. You can not marry the said lady legally with her obtaining decree of divorce from the Court in connection with her marriage with her husband.


2. If you both get married with her obtaining the said divorce, both of you will be charged with the section 494 of IPC being the offence of bigamy punishable with jail term for a maximum period of 7 years with or without fine.

Krishna Kishore Ganguly
Advocate, Kolkata
27076 Answers
726 Consultations

5.0 on 5.0

You cannot marry the lady till her marriage is dissolved by a decree of divorce through a court of law. 

The child custody also cannot be given to her by court without she filing a case under GW act 

She cannot give the child in adoption to you without his consent or permission. 

You have to wait for her to answer all legal complications involved in this. 

You are a government employee hence you have risk of losing your job if you commit the offence of bigamy. 

T Kalaiselvan
Advocate, Vellore
83672 Answers
2051 Consultations

5.0 on 5.0


It is important to get divorce from her husband if you want to marry her. Unless she get divorce you can't marry her as law does not give permission for such illegal marriage. And aslo there is no such method to get divorce and marry as earliest. 

If she is victim of cruelty she can file domastic violence case against her husband. And ask for divorce. And if her husband is ready then only mutual divorce is possible.

As far as concern of child, generally the new born stays with mother. Later you can legally adopt the child when you will marry the lady.

As far as concern with your job, it will not affect unless you do any illegal act.


Suvarna Nage
Advocate, Pune, mumbai
18 Answers
3 Consultations

4.5 on 5.0

Dear Sir,

Your proposed wife has to file divorce case and only after getting divorce you need to marry her you are a Government Servant.

Kishan Dutt Kalaskar
Advocate, Bangalore
6133 Answers
472 Consultations

4.8 on 5.0

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