Can I annul marriage if spouse already married without divorce?

Sir, I got married for the second time in Delhi in November 2022. Two months after the marriage, I found out that the woman was already married and had not obtained a divorce. She still married me. Can she be punished under IPC sections 495, 406, 420, 120B, and 34? Will my marriage be considered null and void?

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Advocate By LEAD INDIA Answered: 07 May 2025

If your wife was already married and didn’t get a divorce before marrying you, she can be punished under IPC Sections 495 (concealment of former marriage), 420 (cheating), and 406 (criminal breach of trust). Your marriage is legally void, and you can file a police complaint and also seek annulment through family court. For further legal assistance contact us on our helpline number.

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