• Second marriage issue

Hi
My 1st marriage happened in 2009, when I was 19 years old. And that marriage life was lasts for 4-5 months only, after that he left me & went. I have a daughter in 1st marriage, she born in 2010, I did not apply for divorce, just I thought of continue my life with my child & parents. Then 2011 I joined a private organization, where I met an person who was my senior & 12 years elder then me. Who was helping to learn about my process, very soon he became an close frnd of mine, in 2013 he proposed me & said he is willing to marry me & ready to accept my daughter as well. I was close to his family also. But when we both approached his family, they did not accept us. So he decided to get married 1st & then infirm to family. So in 2016 Feb we both got married in front of our frnds & office colleagues. And after the marriage, in april I applied for divorce in family court bcoz my present husband suggested to get divorce decree for safer side & in January 2017 I got the ex-parte divorce. But in this mean while my present husband had to undergo a major surgery in June, he was having chronic pancreatitis problem. Where I was only taking care of him. That all his family members accepted me & they told to get the documents including my divorce & then they all I'll take me to there house legally after rregister marriage. So now after arranging all documents, now they all are telling they cannot accept me. Bcoz there family dignity I'll get spoiled & including my husband got changed. From 15-20 days all this problems are happening. I tried all possible way to convince them. But dey are hurting me very badly & making to get depressed a lot. And we both were in relationship from 4-5 years. It was a complete physical relationship

So. Kindly suggest what kind of action can I take against them legally.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. Please note that your second marriage has no legal force and it is a null and void marriage since you married at a time when you did not get divorce.Subsequent divorce does not make your second marriage valid.

2.However for abandoning you in such condition you can file case for maintenance and damages under PWDV Act.

3.You can also file cases under section 498A ipc.

4. Do note that filing such cases would ruin your marriage for ever.So better take all personla effort to resolve the dispute and if the same does not work then only file cases.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Is your husband supporting you or not? If you are residing with your husband in a shared household then you may file a DV case under section 12 of DV Act to seek protection order against your in-laws and other family members who are harassing you. Once the protection order is passed in your favour, and it is violated, your in-laws can be jailed on your solitary testimony.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

yopur second marriage during subsistence of earlier marriage is null and void

2) only after obtaining divorce could youi have married your second husband

3)you cannot take action against your second husband as your marriage is void

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) since you are working lady you may not get any maintenance from your husband

2) since you were not divorced when you married your second husband you may not get reliefs from court

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Querist

You may file a domestic violence case against them before magistrate court and claim protection, right to residence, monetary relief and compensation U/s 18, 19,20 & 22 of the Protection of Women From Domestic Violence Act-2005.

if you want to live with your husband then you may file a petition for restitution of conjugal rights U/s 9 of Hindu marriage Act-1955

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Though you have legally married your second husband, the marriage was solemnised during the subsistence of the previous marriage, hence this marriage with the second husband is null and void as per law.

But you still can fight for your rights on the basis of the marriage held with him, let the court decide the fate.

What action do you propose to take on the second husband?

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Since you have already initiated measures through women police and mahila commission, you may wait for the counselling results.

After this if nothing works then you may proceed to initiate action through legal process.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Try to resolve the matter amicably. If your husband refuses to accept you, even after coinselling, you can approch the court with appropriate relief.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

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