Hi, as per Hindy marriage act the second marraige is null and void .. Therefore , in legal language she is not his wife and consequently there is no need to go for divorce

Second marriage is void ab initio since the husband could have entered into the second marriage without giving divorce to his first wife.

Thus, the second marriage was always illegal and had no sanctity in the eyes of law.

Second wife can move out without seeking any divorce.

She is free to re-marry without getting into any legal complications.

You can file for annulment of marriage as your marriage with your husband is void if he has married again during the subsistence of first marriage without invalid divorce decree from court.

Section 11 of Hindu Marriage Act, 1955 deals with Bigamy which states If either spouse was still legally married to another person at the time of the marriage then the marriage is void.

If he has not divorced first wife then on the ground of he having already living spouse you can apply for divorce.

you can file fir against your husband for bigamy. No person can marry before getting divorced. If any person does that then he shall be prosecuted under IPC. You must go forward and lodge complaint against your husband as early as possible.

also you can file complaint u/s 420 cheating against your husband, you have grounds of evidence for divorce.

The second marriage is invalid, and void the since the husband has not divorced the first wife in meaning of the Hindu marriage act section 5 the second marriage is void and second wife is not legally wedded wife.

Second wife can file for annulment decree in court on ground that the husband has done fraud he was already married and no divorce from the court the marriage is void. the court shall pass the decree of annulment.

Second wife can file petition for declaration that marriage is nullity as performed during subsistence of earlier marriage

Hi,

The solemnisation of second marriage during subsistence of first marraige is void.

Hello,

The Hindi marriage act does not recognize a second marriage and hence if a person does not get divorce from his first wife and marries again..... The second marriage is treated as void. .as if it never happened. The sons born out of the second marriage are illegitimate as the law does not recognize second marriage.

In your case too as per the law the second marriage didn't happen at all... Although you did marry.

Therefore no need to give divorce when there was no marriage. You can leave him and marry again.

Regards

Please note that this marriage is not valid as he have legally wedded wife without divorce whatever affidavit you have given at the time of registration of marriage is false and if there is any problem you can file a criminal complaint case against him for providing an affidavit which he knew that was wrong this marriage is not valid you have to file annulment after marriage

1. If the first marriage was dissolved by the decree of divorce at the time of second marriage then the second is invalid.

2. So no decree of divorce is required when the marriage itself is null and void.

3. For a void marriage also no decree of nullity is required if the marriage is void ab initio.

4. So filing a suit for nullity is optional which you may or may not file.

1. The second wife can file a petition for annulment of marriage on the ground that her consent to marriage was obtained by husband suppression of the fact that he had a marriage subsisting as on the date of second marriage.

2. The second wife will have to prove the first marriage of her husband and its subsistence on the date of second marriage.

Dear Concerned

Approach this issue other way round - Go to the court stating that this marriage is Void as he has cheated you and fraudulently married you. YOu can seek compensation for such cheating, your marriage will be decleared void as soon as you prove that he is already married.....

best of luck

Second wife can claim maintenance from husband fir herself and child

2) take the plea that she was not aware of husband earlier marriage

She is entitled to maintainance.

The second wife and her children are entitled to maintenance ifvtge wife is not earning. The children and the wife is also entitled to a share in the self acquired property if the husband too.

Therefore file a case for maintenance before a magistrate.

Regards

She will not get anything to the child has right for maintenance and right on property as child from valid marriage .

2nd marriage is void while subsistence of first marriage. No divorce required.

Not she but her child is entitle to get maintenance and education and other expenses.

She can file a Petition to annul her marriage since it is null and void as the respondent married her during subsistence of his marriage and spouse living and she came to know about it very recently i.e., within one year from the date of filing this petition.

Alternately she can file divorce petition on the grounds of cruelty, if he is not agreeing for mutual consent divorce.

Her child will be his legitimate child.

She can claim maintenance for her child.

Maintainence of the second wife. A wife has the right to ask for the maintenance from her husband in the case of divorce under Section 125 of CrPC

Dear client.. husband is staying separately from long from 1st wife...

And he will marry one more girl.. with out giving Divorce to first wife then that second marriage is invalid... So second wife have to prove in the court that.. he married me with out giving Divorce to his first wife... Recently I came to know..

So any how second marriage is invalid..but it got registered... So I want to nullify this marriage.

Pl CLICK LIKE for appreciation.

Since second marriage is void wife is not entitled to claim alimony but she can claim maintenance for the child born out of the relationship.

The child is illegitimate.

The child can claim maintenance from father.