• Remarriage without divorce

I got love married 7 years before I have two kids my husband went wrong past 2 years he remarried one girl without my permission after he forced to me accept this marriage but I cried past 2 years I never take actions still against him but his second wife have one baby now I am getting irritated can I file against him Note :past 2 years I never take actions
Asked 2 years ago in Family Law
Religion: Hindu

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19 Answers

hello,

a second marriage is void and the law does not recognize a 2nd marriage. therefore a criminal case should be lodged against your husband.

regards

Rahul Mishra
Advocate, Lucknow
11628 Answers
20 Consultations

5.0 on 5.0

Yes you can take legal action against your husband even laps of years because of your husband was not taken legally divorced through court. Yes, you can claim maintenance for your self and your children it is duty to pay maintenance by your husband. And also you have to give police complaint for bigamy before jurisdictional police station against your husband and so called his wife. All the best.

C. V. Jadhav
Advocate, Bangalore
544 Answers
18 Consultations

4.7 on 5.0

Hello,

I understand that your husband married another girl without dissolving the first marriage.

Now you can't file a restitution of conjugal rights on your husband

You can file maintenance case on him

It's immaterial that you did not take action for past two years.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

Hi

Going by your post, for reasons best known to you, you waited for two years.

Now if you want to take action against your husband, yes you can.

Before going ahead, talk to your husband and try to buy peace and get the matter settled amicably.

If it cannot be done, talk to your parents, wellwishers and take the final call.

You need to explain reasons for keeping quite.

Good Luck

May God Bless You !!

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

Hello,

Yes you may go ahead and lodge an FIR against him.

Section 494 of the Indian Penal Code states that “Marrying again during lifetime of husband or wife: Whoever having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”. Exception to this section is that it does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

First you can file domestic violence and 125 crpc to obtain maintenance and residence orders, the second marriage is null and void without divorcing first wife but second wife and child can also claim maintenance. Your husband has committed bigamy if you file case of bigamy and you can prove it, he will have imprisonment upto 7 years and fine or both.

Aveek Bose
Advocate, Kolkata
1220 Answers
9 Consultations

4.7 on 5.0

Firstly, there is no bar to the fact that you can file criminal complaint of bigamy now also.

Secondly, though there can be a question put to you about the delay, but it won’t take your right take legal action against him.

Thirdly, but, unfortunately the child may have all the legal rights as of your children.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File case of bigamy against your husband under section 494 of IPC before local police station

2) also file DV case against husband seek alternative accommodation, maintenance, compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

1) Yes, you can file adultery and bigamy case against him and ask for alimony and maintenance from him.

Ganesh Kadam
Advocate, Pune
11738 Answers
114 Consultations

4.9 on 5.0

Yes you can take action against him there is no limitation on filing of the complaint you can file a case of bigamy on him under 494 ipc also the second marriage is void and child is illegitimate.

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

This is my response to you:

1. You must file a case of adultery against him under IPC to the police station;

2. You can also file under DV Act;

3. Next step is to file for separation and divorce under Hindu Marriage Act;

4. You can approach the district court and file a petition through a lawyer;

5. Claim interim as well as permanent maintenance from him for deserting you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear,

According to Hindu marriage act, nobody marry again, when his or her spouse is alive.

In your case your husband remarry without divorce with you, it means that second marriage is

null and void.

You are free to loge FIR against your husband, he is liable for jail and you are only his legal wife.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

File criminal complaint u/s 494 IPC of bigamy.

Yogendra Singh Rajawat
Advocate, Jaipur
21406 Answers
31 Consultations

4.4 on 5.0

Your husband will liable for prosecution under section 494 of IPC. In simple words he is liable for the offence of Bigamy as Hindu law does not allow the same. In case he has married the other lady by concealing the fact that he is already married then he will also be liable for prosecution under section 495 of IPC.

You can file a criminal complaint with respect to the same.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

What action is it that you want to file against him? You can file for Divorce on the ground of adultery, you can obtain good orders of maintenance. You need not necessarily specify that two years you never took any action. As far as Adultery is concerned, you cannot file a criminal complaint against your husband.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1.I am at my wit end to find if you were against this marriage then why and how you remained silent all these years.

2. Since he has remarried and a child is born out of this illegal wedlock there is clinching proof against his bigamy which is a crime.

3. So if you wish you can lodge a complaint under section 498A, 494 , 323 , 406 IPC on which basis the Police an register a FIR and arrest your husband.

4. So with a view to take legal recourse lodge a complaint and let him face the rigours of law.

5. thereafter file a case for maintenance under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
21773 Answers
315 Consultations

5.0 on 5.0

1. Remarriage without divorce is bigamy which is punishable under Section 494 IPC with an imprisonment of up to 7 years on conviction.

2. If you have evidence of your husband's second marriage then you may file a criminal complaint under Section 494 IPC against him before the competent court.

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

You can file a criminal case before judicial magistrate for the offences of bigamy under section 494 ipc.

You can implead both of them in the case.

You can also file a divorce case on the grounds of cruelty and bigamy.

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

Second marriage during the existence of first marriage is illegal in India. The relationship that arises from the same with the second spouse does not have any legal validity.

You can file a police complaint against your husband for bigamy even after 2 years.

Section 494 of the IPC makes bigamy an offence which is non-cognizable, bailable and compoundable with the permission of the court. The punishment prescribed is imprisonment up to 7 years, fine, or both.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

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