• Need divorce certificate of my wife

My wife is  a divorce & i want her a divorcee certificate but she refuse to give 

Also she is telling lie about her first marriage & her relatives tell something else


Will i get divorce in this cheating scenerio,
Asked 2 years ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
I presume your wife was a divorcee at the time of your marriage and you are insisting on her to show her divorce papers to you. If your wife had not taken divorce from her first marriage and had married you without telling about her 1st marriage then your marriage is null & void and you need not take any divorce from her and part ways.  When a spouse is still alive and when the couple have not got the decree of divorce it is illegal to marry somebody else.  You can also file cheating case against her
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
1. If she was married before, then she can remarry only after availing the decree of divorce from the Court,

2. If she has not obtained the decree of divorce and has married you, then your marriage is illegal & void at law,

3. She is still the legally wedded wife of her husband, not you,

4. The problem is her husband can lodge a police complaint against you bringing  the charge of adultery for which you can be sent behind the bars,

5. Lodge a police complaint against her alleging that she has cheated you by marrying you hiding the fact that she has not taken divorce from her husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
Fully agree with Adv. Sastry. If your wife is not a divorcee and she lied to you, you can apply for nullity of marriage under HM Act.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1.Proper reply to your query depends upon actual marital status of your wife.
2. Unless it is established that that her marital status was concealed from you at the time of fixation of marriage suit for nullity can not lie.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You take the decision as per your gut feeling.
It is a personal dispute and intervention of court should be last recourse.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
If she has not obtained the decree of divorce and has married you, then your marriage is illegal & void at law,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. You shall have to find out her earlier husbands name & whereabout to ascertain the fact,

2. Why she is not giving you the copy of the divorce decree? Is tyhere any problem? Has divorce has been taken?

3. You shall have to find out the fact to take further action in this regard as has been posted earlier.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
1) best option is to contact a detective agency . if you feel your wife is suppressing certian facts then detective agency will help you in finding those details .

2) you should not have married her without being satisfied that she has been legally divorced or not . before marriage you should have insisted that your wife produce certified copy of divorce decree . 

3) if you find on basis of detective agency reports that she was not legally divorced then your marriage would be null and void .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
It appears that she had not taken decree of divorce from her earlier marriage and married once again concealing her marital status and that may be the reason for reluctance to produce certified copy of decree of divorce. Better to apply for nullity of marriage under HM Act. Faith and belief are necessary for institution of marriage. Also, hire a detective agency to investigate her past history and file a police complaint that she has cheated on you in concealing her marital status at the time of marriage.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
It appears that she had not taken decree of divorce from her earlier marriage and married once again concealing her marital status and that may be the reason for her reluctance to produce certified copy of decree of divorce. Better to apply for nullity of marriage under HM Act. Faith and belief are necessary for institution of marriage. Also, hire a detective agency to investigate her past history and file a police complaint that she has cheated on you in concealing her marital status at the time of marriage.
Shashidhar S. Sastry
Advocate, Bangalore
1244 Answers
59 Consultations
5.0 on 5.0
contact a detective agency . why you want to ruin your relations  with your wife now ? no need for issue of legal notice . dont file any case . make discreet inquires as advised
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
dear client  you contact with full detail of your case. then only you could be adviced properly. because nothing is clear as how marriage came into existance. how you came to about first  marriage etc
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. It is not understandable to me as to how did you marry her without verifying whether she has got the decree of divorce from her first husband, knowing fully well that she was married,

2. You are not coming out with full facts,

3. Her parents can not be sued for not knowing or not informing her marital status,

4. Trace her husband to get the details of her marital status,

5. You can also engage a detective agency as suggested by Adv Ajay Sethi to get the said information.
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
if you did not bother to verify her antecedents before marriage why the urgency now ? if your wife does not want to furnish you divorce certificate and you dont want to spend money on hiring detective agency forget the issue .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
you cant force your wife too produce her divorce certificate . if she refuses to do so you have to find out details by other means . hence have repeatedly advised you to contact detective agency .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
your marriage is null and void in such a case .
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
marriage does not exist
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Her silence on marriage certificate s really deafening.
If she continues her refusal to show you the same, you can contemplate of legal action.
Depending upon your choice of legal recourse further advice can be given.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0

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