Second marriage during subsistence of earlier marriage is nullify

2) husband can file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage

3) wife can seek maintenance for the child

1. I wonder why and how one arth all of you amde such mistake.

2.No marriage without divorce from earlier marriage is valid and in your sister's case it was not exception

3.Only because her husband was informed of her first marriage from which no divorce was taken did not make their marriage legal.

4.Now this marriage would be nullified for sure and feel lucky if her husband does not file criminal case of bigamy agaisnt all of you.

Even husband could not remarry without divorcing his first wife

Marriage is a nullify

His standing on simialtr footing soed not make your sister;s amrriage valid.

May be this would help us from getting faced with case for bigamy u/s 494 IPC since he has also committed similar offence but this does not make the marriage legal in any perspective.

1. You had informed him prior to marriage about her marriage which was already in subsistence, but you do not have evidence of this. Furthermore, even if you prove that her second husband had knowledge about her existing marriage it still does not undo the fact that the marriage is null and void.

2. Since the husband too has remarried without obtaining a decree of divorce from the court his marriage is also null and void.

3.Both husband and wife have committed the offence of bigamy.

No, you have no remedy. She should not have married without taking divorce from her first husband.

1. The said remarriage of your sister, without taking decree of divorce from the Court, was illegal, hence invalid.

2. The second husband can file annulment petition claiming that she had not disclosed before her said marriage that she was already married.

3. Your sister's allegation that she had already told him about her first marriage divorce of which has not yet been decreed, will not make her said second marriage valid.

1. If the husband also has not availed the decree of divorce in connection with his first marriage from the Court then he has also committed an offence and form his side also the second marriage is illegal, hence invalid.

2. Both the wife and husband have taken illegal step in remarrying before taking the decree of divorce from their respective husband and wife.

3. The second marriage of your sister is null and void for which his application for nullifying his marriage with your sister can not be legally challenged,

A marriage solemnised during the subsistence of earlier marriage is actually null and void, he need not file a petition to nullify the same.

Why did your sister not get divorce before marrying this person?

This marriage is not valid in law.

However he cannot disown the child and the child is his legitimate child since he is the biological father of the child.

Husband is also divorcy and he has also not divorced from court. Can We defend on this gorund to avoid nullified the marriage

Whatever you may state, the marriage now solemnised between both is not legally valid, it is null and void.

According to Section 5 of the Hindu Marriage Act this second marriage is void because a party to the marriage cannot solemnized second marriage in subsistence of first marriage. Therefore she is not bound to prefer a petition before the court for decree of nullity of second marriage. If she files petition before the court that petition shall be dismissed by the court. However second marriage is a crime and punishable under section 494 of the Indian Penal Code but Court itself cannot initiate criminal proceeding against her unless and until a complaint has been moved by her first husband. In this scenario she should refuse to live with husband of second marriage without moving any petition before the court.

This is no ground for defending the same, at the same time you can you the defense of lifting the veil and may ask the court to see the reason behind filing the suit of nullity at this stage.

Regards