• Love marriage

Hello sir I am from andhra I want to marry my loved ones but she was married in last month.please tell me that procedure to marry her.she is also ready to marry me.
Asked 1 year ago in Family Law from Kakinada, Andhra Pradesh
Religion: Muslim
If your beloved has married someone else then you cannot marry her unless she obtains divorce from her husband. There has to be a ground for dissolution of marriage in her favour for her to be able to apply for it. That you love someone other than your spouse is no ground for dissolution of marriage.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

1) since girl is already married she cannot marry you without divorcing her first husband 

2)she can file for divorce only on expiry of one year from date of her marriage 

3) if she remarries during subsistence of her earlier marriage she can be prosecuted for bigamy under section 494 of IPC
Ajay Sethi
Advocate, Mumbai
32412 Answers
1789 Consultations

5.0 on 5.0

Legally you could not married a legally married women. If she come out from the first marriage and got a divorce decree then only you can marry that girl. Marriage contracted between Hindus shall be invalid and the issues of no such marriage shall be illegitimate, by reason of the woman having been previously married at the time of such marriage under any custom.
Ajay N S
Advocate, Ernakulam
2251 Answers
27 Consultations

5.0 on 5.0

Your  wife second marriage is illegal as she did not divorce her first husband 
Ajay Sethi
Advocate, Mumbai
32412 Answers
1789 Consultations

5.0 on 5.0

How did you register your marriage when you had not married him?
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

Hi, Once your marriage is registered in the Sub-Registrar Office then she can't marry another guy so you can lodge a police Complaint against the husband.

2. Secondly, your wife can file a petition in the family Court for nullity of marriage against the husband.
Pradeep Bharathipura
Advocate, Bangalore
4274 Answers
168 Consultations

4.3 on 5.0

If you already register the marriage under special marriage act then then her second marriage is void. 
Ajay N S
Advocate, Ernakulam
2251 Answers
27 Consultations

5.0 on 5.0

First she has to annul her marriage by filing annulment petition for the reason that she was forced into this marriage against her wishes and desires. 
After annulment she can marry you.
T Kalaiselvan
Advocate, Vellore
22590 Answers
220 Consultations

5.0 on 5.0

We are hindus;


Then under section 12 or 13B of HMA, a petition can be filed for annulment or divorce under mutual consent.
T Kalaiselvan
Advocate, Vellore
22590 Answers
220 Consultations

5.0 on 5.0

But we registered our marriage in February

Then you may have to wait until next February for filing MCD petition.
T Kalaiselvan
Advocate, Vellore
22590 Answers
220 Consultations

5.0 on 5.0

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