• My husband married another woman without divorcing me

Dear Sir/ Madam

I was married in June 2014 to a boy in same profession. We also had registered marriage. But we lived separated after one year of marriage as the family demands were never ending and they forcefully wanted me to quit my job and his family was torturing me. Post separation the boy started having an affair with another girl and started living with her since august 2018. very recently I came to knew that this boy and the girl had a court marriage in mach 2019. Sir this boy has not divorced me yet. We have not had any legal proceedings till date for our divorce. 

How should I take this matter sir. I want divorce and I also want to punish this boy for fooling me and wasting my life. 
Thanks and sincere regards.
Asked 3 months ago in Family Law from Varanasi, Uttar Pradesh
Religion: Hindu

1) file complaint of bigamy against your husband and his second wife under section 494 of IPC

 

2) also file for divorce on grounds of mental cruelty 

 

3) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Dear Client,

IF he has done court marriage than he will be in definite trouble as he must have submitted affidavit that he is single. If he declared himself divorce, than copy of order had to attach. 2nd marriage in void.

File FIR of bigamy/domestic violence and dowry demand. and on this ground, you will grant divorce, alimony, expanses incurred on marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

File a case of bigamy before the police station along with mental cruelty.

Further you can file divorce against the boy on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

You can file a complaint.  under section 494 IPC.  PUNISHMENT 7 years and fine. 

 After that you can file divorce petition. 

Ravinder Mehra
Advocate, Rohtak
22 Answers

Not rated

  1. First of all yes the guy needs to be punished. You must file a police complaint against him for cruelty and bigamy to get him prosecuted. 
  2. You must also avail of the civil matrimonial remedy of divorce. You will file a divorce petition in family Court on the grounds of cruelty, and also seek alimony

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1107 Answers
2 Consultations

4.4 on 5.0

Hii

1. Go and file police complain for fraud and cheating and criminal case and 2nd marriage against your husband don't delay...

2. File another complain and case with women cell cum police under the section 498A  and for dowry harrassment against entire family and your husband.

3. File case in the court for maintenance.

4. Don't file divorce untill unless 498A is full fledged lodge with police they run for bail they will to you for compromise.... settled it with huge alimony....or else wait second marriage is null void in eye of law.

5. File one complain to the registration office....take it against and for second marriage.

Consult a best laywer 

All the best.

 

Rita Rajput
Advocate, Thane
154 Answers
1 Consultation

Not rated

You can file bigamy against him and file a complaint in court for the same

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

1) You can file Bigamy case against him and get alimony or monthly maintenance from him. Under adultery case you will get divorce. But I will suggest you not to let him go easily. If divorce him he will free because he had already married, so you put on him bigamy, adultery and maintenance case u/s 125 CrPC

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

The boy has marei ws d again which is illegal and hence a criminal complaint against the boy must be filed for bigamy. A divorce petition should also be filed against him on grounds of cruelty and physical and mental abuse.

The girls parents should also be informed.

Regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

First make a police complaint about your husband and automatically everything will move as per your wish. He can not marry without divorce you as per Hindu marriage act.

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

1. Well second marriage without dissolution of first one is a crime u/s 494 IPC and the second marriage is void as well.

2. On this ground alone you can file a suit for divorce as well on the ground of mental cruelty.

3. That apart you can file case u/s 498A ipc and seek maintenance under PWDV Act. 

4. Since you marriage is broken for all practical purposes you can consider giving him mutual divorce to move on in life.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

1. you can file a case of BIGAMY against your husband, along with 498a

2. you can also file a case under domestic violence act (for causing mental, physical, emotional abuse) and can claim maintenance, accommodation, compensation and protection order

3. you can also apply for the divorce on the ground of second marriage

don't forget to get a certified copy of marriage certificate from the office of marriage registrar 

Suneel Moudgil
Advocate, Panipat
1143 Answers
1 Consultation

4.3 on 5.0

Hello, 

File a FIR against him for doing second marriage during subsistence of the first marriage.

As soon as the FIR is lodged file a caveat in the HC so that no stay order is granted by the HC. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You can file a private crimninal complaint against him before a judicial magistrate court within your residential jurisdiction under section 494  IPC for the offence of bigamy.

You have to prove that he had married that female with substantial documentary evidence.

After getting both of them punished for this offence you may file a divorce case against him on the grounds of cruelty and desertion.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

You should approach the nearest women cell of a police station. 

you can file case of bigamy against your husband and you can file divorce on grounds of creulty. 

 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

What proof do you regarding his other marriage? Firstly, collect proof of their marriage, of the fact that he is living with her and only then initiate proceedings for Bigamy and Divorce. Alternatively, if you do not want to go to Courts, you can confront your husband with proofs and using the same get a good alimony for yourself. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

- As per Hindu Law , Second marriage is prohibited.

- Bigamy is defined as an offence not only under the criminal law but also under HMA, Section 17, Hindu Marriage Act , says that any marriage between Hindus is void if on the date of such marriage , earlier wife living. The same is punishable under Section 494 and 495, IPC.

- Since, your marriage is registered , and separated after one year , hence, as per law , you have primary ground for Divorce.

- Firstly, you should lodge a complaint to the police after narrating the all the facts of harassment /torture and neglecting  for second marriage. 

- If,police not registered FIR upon your complaint , then you should approach to higher police office and also can file a case in the court for registering the FIR against your husband. 

- You can also file a case against your husband and his family members for torture under section 498 A , and also under the provision of Domestic volience.

You will get relief from the court of law after punishing him for his aforesaid nefarious acts.

 

Dont, forget to Rating Positively. 

 

 

Mohammed Shahzad
Advocate, Delhi
522 Answers
18 Consultations

5.0 on 5.0

You should report this matter to the female helpline cell of Police. 

Second marriage during the subsistence of first is illegal and thus, void.

Get a FIR lodged against this fellow for offence of cheating, harassment, domestic violence and bigamy. 

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Dear 

First of all you should Contact a renown Criminal advocate and file a police complaint regardingCruelty(498A),  Dowry Demands and Second marriage your husband with that girl without divorcing you. Against your husband and your in-laws 

Secondly you should file a petition Under Section 12 of Hindu Marriage act against your husband and the girl he has married to declare their marriage Null and void as per Hindu Law. 

Third you should file Domestic Violence case( Section 12 DV act)  and Maintenance case(Section 125 CrPC) against your husband.

After these cases you should file Divorce against your husband 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

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