• Remarry without divorce

Sir, I got married 5 months ago. Now my younger brother eloped with my wife and have got married with her,brother is unmarried yet, my wife has not taken divorce from me. They got court marriage. Is it legal? If not. What may i do?  I want to file a case against my wife and brother. Pls suggest me. Thanks!
Asked 2 years ago in Family Law from Ballia, Uttar Pradesh
Religion: Hindu

1) you can file case of bigamy against your wife under section 494 of IPC

2) second marriage during subsistence of earlier marriage is illegal

3) also file case of adultery against your brother under section 497 of IPC

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

Hi

Marriage is illegal

U can file a case for cruelty

There are lot's of remedy if without divorce anyone marry with another

Thanks

Harsh Kumar Sachdeva
Advocate, Delhi
24 Answers
1 Consultation

4.0 on 5.0

Dear Sir,

I am presuming that, you have some proof to show that they have done court marriage. Under Hindu Marriage Act as well as the Special Marrigae Act ( for court marriages), a person who is not divorced and whose marriage is subsisting, cannot validly remarry. Such marriages are void ab initio (i..e these marriages have no existence in the eyes of law). Now, you may file an application with the registrar of marriages narrating the true facts supported with documents and reqeust him to cancel the marriage since it is solemnised by way of fraud. You can also file case of divorce on the grounds of cruelty, if you so desire. You can also slap a criminal case against your brother and wife.

Unmesh Gopal Dindore
Advocate, Pune
11 Answers
3 Consultations

5.0 on 5.0

1.Eloping with your wife by yor brother is a criminal act for whcih you cna file case under section 497 IPC.

2. For marrying second time you can file case u/s 494 IPC.

3. So if you wish you can file u/s 494.497 IPC.

Devajyoti Barman
Advocate, Kolkata
18124 Answers
260 Consultations

5.0 on 5.0

you will not suffer as you are the victim

2) your brother and wife both will be punished

3)your wife for bigamy and brother for adultery

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

This marriage wasn't possible for your wife did not take divorce from you.

This is Marriage is void ab initio.

File a FIR against your wife for the offense of bigamy. File adultery case against you brother.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Brother has entered into an adulterous relationship with your wife and hence, is liable to punished for adultery.

Your wife has committed the offense of bigamy.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Go and file a case for bigamy.

File a suit for annulment of marriage.

You will not suffer being the complainant, wife will be punished and not the brother.

Also You can file a habeas corpus writ agaisnt your brother in High Court.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

Dear Sir,

Both your brother and wife are liable to receive punishment in this case. If you wish, you can save your brother or wife by taking either of them in confidence and filing appropriate complaint and statement before police authorities.

Your service will not be in danger due to filing of this complaint.

If somebody files some criminal complaint against you regarding a cognisable offence and if you are put behind bars for more than 48 hours by the police, then only your service will be in danger. ( i do not know whether your wife will do that and will be in a position to do that)

Unmesh Gopal Dindore
Advocate, Pune
11 Answers
3 Consultations

5.0 on 5.0

Hi, their marriage is not valid as second marriage without divorce void and illegal under Hindu marriage act .. You can lodge a police complaint of adultery against you brother .. It's a criminal offence to have physical relation with wife of some other husband

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

Your brother can br punished for adultery but not your wife while bigamy applies to both of them.

Devajyoti Barman
Advocate, Kolkata
18124 Answers
260 Consultations

5.0 on 5.0

Hi,

In your case, The marriage of your wife with your brother is void in itself and illegal. And for this you can file a FIR for Bigamy on your wife.

No loss for you as you are the victim.

Hope this resolve your query.

Deepak Gandhi
Advocate,
3 Answers

4.0 on 5.0

your service will not effected in any case. as your wife has not obtained divorce from you and remarried with your brother, you are entitled to file a divorce case against your wife leveling bigammy charge including question of her chastity. in that event she will not be entitled to any alimony or maintenance from you. but you have to prove that your marriage is valid as well as the facts you have stated herein. if the fact is being proved your brother will also suffer punishment with your wife.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

U can start legal proceedings against both

U will not suffer

They will suffer

Harsh Kumar Sachdeva
Advocate, Delhi
24 Answers
1 Consultation

4.0 on 5.0

You may file a bigamy case against her under section 494 of IPC and adultery case against him under section 497 of IPC.

You should filed the case if you have documentary marriage proof of them.

You fill not suffer legally but may be mentally.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
5362 Answers
261 Consultations

4.9 on 5.0

You can file a bigamy case against both of them

You can also file a case to nullify their marriage since you have not given her divorce nor there was a legally valid divorce between you and her prior to her marriage

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

Sir, I want to know whether my brother will be punishable or my wife too. sir I am a govt servant. Will I suffer for in this case? If yes,how much?

They both can be punished for the bigamy offence.

This will not make any adverse impact to your service career.

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

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