• Confusion

I am married for 9 years and I am in Canada from 30 month,last week I got to know that my husband had an affair for 4 years and he got married to his gf in India. I don't wont to get separated from my husband for financial problems but want to legally separate husband and his gal. There marriage is not registered. Please advise what can be done other than FIR against him. I want to be legally safe for future.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

Dear..

According to the laws of india ...you have to file ....three kind of matters against your husband in india ...

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1) obtain evidence of your husband marriage with the girl

2) second marriage of your husband during subsistence of earlier marriage is illegal

3) you can file case of bigamy against your husband in india.

4) you can also file complaint of section 498A against him for continuous acts of cruelty in india

5) you cna laso file file DV case in india and seek maintenance , right to stay in matrimonial home in india

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

If your husband remarried without getting a decree of dissolution of marriage then his second marriage is illegal. However, you cannot file a suit for dissolution of their marriage. The only remedy available with you is to file a criminal complaint against your husband under section 494 IPC which carries an imprisonment of up to 7 years on a successful prosecution.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Sorry to inform you that you can not file any case agaisnt the lady without implicating your husband.

2. Since he has married without divorce to you the marriage has not legal force and hence you can file criminal case of bigamy agaisnt both of them.

3. If you are financially dependent on him you can file case under PWDV Act seeking monthly maintenance as per his income.

4. Additionally you can file case ju/s 498A, 406, 454 IPC etc.

5. Do note that without involving your husband you can not file any case agaisnt her.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Whether registered or not, you hav to prove that they are married to each other.

The bigamy case need documentary evidence for the offence to be punished

Since you have already initiate or proposing to initiate police complaint in this regard, the other option before you is to either file a maintenance case seeking maintenance from him or domestic violence case or even a divorce case along with maintenance case.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1.How was he married to his GF?

2. Was the marriage solemnised by following Hindu rites and customs?

3. If yes, then his marriage to you is illegal hence invalid,

4. If you do not want to sue your present husband for sending him to jail and want to continue with him as his wife, then ask him to negotiate with his said GF and jointly file MCD petition which will be disposed off within next 6 & 1/2 months.

5. After his getting MCD, you shall have to remarry him to stay as his wife with legal validity.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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