• Bigamy

I had a love marriage against my in law's and have a daughter but aftr 6 and half year of my marriage, my in laws have secretly got my husband re married to their caste girl and I don't know what to do. It's been almost 2 months that he is got married and I got to know a week back. Please help me. I can't imagine life without him as I also have a daughter. My husband is accepting that he got married because of his parents sake as he do not want to lose them
Asked 6 years ago in Criminal Law
Religion: Hindu

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18 Answers

This second marriage, during subsistence of your husband's first marriage with you is void ab initio.

Lodge a FIR against your husband for committing the offence bigamy. Your husband will be immediately booked as this is a non-cognizable offence.

Apply under section 11 of the Hindu Marriage Act to seek a declaration as to the nullity of the second marriage .

Vibhanshu Srivastava
Advocate, Lucknow
9612 Answers
303 Consultations

5.0 on 5.0

Right solution is for you is to file case of bigamy alongwith 420 and 406 against your husband and in-laws.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

Respected mam...

You have two options ...

1-you can lodge an FIR against him under section 494 and 406 of IPC but the ruslt of this is that your husband will have to face consequences .He will have to face police trial and the court proceedings ..After such action by you he might maintain gap from you..But the marriage he did was totally void and unconstitutional so you need not to worry from the side of law ...

2- The second way is you can direct intrect with him and talk to him about all the things ... Talking with him might you can get any solution ...

Law is with you and no person is above law including your husband ..So u hv a number of options left ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Yes, you'll have to submit some proof with the Police evidencing that your husband is actually guilty of committing the offence of bigamy. Include the name of your in-laws as well in the complaint that you'll move before the Police.

To get back to your matrimonial house, take recourse to domestic violence act. Alternatively you can file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act before the Family Court.

Vibhanshu Srivastava
Advocate, Lucknow
9612 Answers
303 Consultations

5.0 on 5.0

Claim your right to residence in your in-laws house by immediately taking recourse to the Domestic Violence Act. Also, as an interim measure, seek month maintenance for the sustainance of self and child.

Let me know incase you've any further questions.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9612 Answers
303 Consultations

5.0 on 5.0

1) second marriage during subsistence of earlier marriage is illegal

2) you can file Police complaint under section 494 of IPC against your husband ,in laws, second wife

3) inform his second wife about husband earlier marriage

4) second wife can file petition for anullment of her marriage on grounds of fraud

Ajay Sethi
Advocate, Mumbai
94835 Answers
7564 Consultations

5.0 on 5.0

File DV case against husband seek alternative accommodation, maintenance from husband for your self and daughter,compensation for mental torture undergone by you

Also file complaint of bigamy as advised herein above

Ajay Sethi
Advocate, Mumbai
94835 Answers
7564 Consultations

5.0 on 5.0

Mam...

You have to produce all the evidence such as photograph of marriage and pics of your daughter with the family members .... While lodging the FIR you have to mention all the facts such as date of your marriage ,place , time ,and where you went on honeymoon with him ..Where did your daughter take birth ..On which date ,what are the ceremony conducted by family members ...These are such fact which are to be part of same tranction ...You should have to file a case against him seeking maintenance from him under section 125 of Crpc ..You have nb of option left mam ...498-A of IPC ,section 9 of HMA And what not ...So make your mind clear and go ahed

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Better for you lodge an FIR against them u/s 420, 406, 120-b and bigamy.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

Hi, You are the legally wedded wife, the second wife has no right in the eyes of law. Secondly you can file a petition in the court stating that second marriage solemnized by your husband is not valid and you can also file a police compliant against your husband and inlaws.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
336 Consultations

4.5 on 5.0

Hi

Sorry to hear about your situation.

File complaint under 494IPC 497 IPC.

File for 125 crpc.

Also indulge your in laws in 120B.

You will get your right

Have trust on court

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hi, you can take legal action against your husband and In laws by filing a police complaint .. But it will require great efforts from your side to follow up with the case .. If you do not have any backup , then think once again before taking and legal action

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Fill a suit for anulment of the subsequent marriage.

File a case for harassment against your in laws.

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Also file a case for maintainance agaisnt your husband and if he is not recognising your rights as a wife then file a case for restitution of conjugal rights.

The second Marriage is void

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

You just need to file FIR in the police station for bigamy or complaint before the court for same offences with all the evidences against your husband and in-laws.

On the other hand you can file the complaint under domestic violence in court of law under which court can order for you to live in your in-law's home.

You can also file maintenance petition against your husband under which court will order for the some amount of monthly maintenance must be paid by your husband.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Please note unless you have evidence you cant fIle a case... further fIle a suit for restitution of conjugal rights in family court to get your hhusband back... Please contact me if you need further hell at

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

The excuses given by your husband is not acceptable.

He has done an offence by marrying another woman during the subsistence of marriage with you.

The is called as 'bigamy'

You may instruct him to leave the company of that girl since that marriage is void and he cannot accord legal status as 'wife' to that woman till your marriage with him is subsisting.

If he is not listening or not complying with the demand, you may collect the evidence and file a case for the offences of bigamy.

T Kalaiselvan
Advocate, Vellore
85035 Answers
2211 Consultations

5.0 on 5.0

If your husband is not paying the rent for the rented accommodation, you may vacate the premises and enter into his house stating that it is your matrimonial home and you have rights to live there since you are his legally wedded wife and your daughter born to him , also that your marriage is still subsisting.

You can lodge complaint against your mother in law for solemnising this second marriage despite knowing the fact that her son is already married to another woman.

You have to establish your marital rights as wife which can be done only by entering into your matrimonial home.

T Kalaiselvan
Advocate, Vellore
85035 Answers
2211 Consultations

5.0 on 5.0

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