Legal Question in Family Law in India

do it at your risk and peril. If you are serious about giving the relationship a legitimacy then she needs to divorce her husband first. else the marriage will be void .

You cannot legally marry a person who is already married. One of the essentials of a valid Hindu marriage as per Hindu Marriage Act is that neither party has a spouse living at the time of the marriage. If either of party to the marriage has a spouse living at the time of marriage, the marriage is not considered to be a valid one under the eyes of law.

Also, charges of adultery may be brought against her by her valid husband and you may be made a party to the case. The woman would then not be entitled to alimony amount from her husband.

I would suggest that you wait for her to get a divorce from her husband and then proceed with the marriage. She may obtain divorce from her husband either through mutual consent or may contest the divorce on the grounds as mentioned under Section 13 of the Hindu Marriage Act.

You may call me at 09555 507 507 or send me a mail at [email protected] to discuss this in depth.

-Regards

Advocate Pooja

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