• Legal options for children

I have a student of 11 years old in my coaching centre whose mother died many years ago.She has one elder sister and a younger brother. Her father owns a tempo and earns about 40 K per month. Her father's elder brother has 04 children and these 10 members stay in 2 small rooms in a slum.My student told me that her father intends to marry a women presently living with her husband and 3 children. This women's husband knows it & has no objection. What can my student do to stop her father from indulging in this act which may ruin her and her siblings life.
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

the father can marry a women after divorce then in that case nothing can be done further also if he marries then also an action can be taken after marriage only not before that as nothing is illegal before that.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Her father can not lawfully marry that lady even if her husband consents to it as her marriage with her husband still subsits and without dissolving it by a decree of divorce the father of your student can not legally marry that lady.

2. if he does then he can be prosecuted criminally for bigamy under section 494 IPC.

3. So if the father of your student is so willing then ask him to first make that lady get a divorce decree and then marry her.

4. Under present circumstances they can live together as adultery with a married lady is no more a crime.

Devajyoti Barman
Advocate, Kolkata
22526 Answers
436 Consultations

5.0 on 5.0

Second marriage during subsistence of earlier marriage is illegal

2) case of bigamy can be filed by lady husband

3) thy should convince her husband to not divorce his wife as she cannot remarry during subsistence of earlier marriage

Ajay Sethi
Advocate, Mumbai
91289 Answers
6810 Consultations

5.0 on 5.0


Legally when a persons has no alive wife ,he cant be restricted for marriage,but she can communicate with her father or even take help of an advocate who can discuss pros and cons with her father.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0


it is the personal liberty of the father to marry or not marry someone.

If he later disowns him then he can claim maintenance under section of the Cr.P.C.

if the lady marries her without divorcing the husband then the marriage will be a nullity in itself.


Anilesh Tewari
Advocate, New Delhi
18043 Answers
377 Consultations

5.0 on 5.0

Hi, the second marriage is null and void as per Hindu marraige act since she is already married ... However , for je intends to marry someone who is also a divorcee or has a dead spouse , then the daughters cannot raise any objection

Hemant Chaudhary
Advocate, Gurgaon
4629 Answers
67 Consultations

4.9 on 5.0

No one can stop him to marry as he is eligible but he can only marry if the lady is divorced. Problem here is if the husband has no problem the the children can only oppose when they are adult to secure their interest.

The lady will have no right if she is not divorced.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

If son are minor or major they don't have any rights to stop father to perform remarry.

Widower can remarry as per religious law. No one have rights to stop him.

Mohammed Mujeeb
Advocate, Hyderabad
19291 Answers
32 Consultations

4.7 on 5.0

Marriage is a personal right of a person so child cannot restrain parent from getting married. So your student cannot stop his remarriage legally. She have to discuss it with family and have to come to amicable settlement with father.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0


This marriage will be void and the children may ask their sustenance from father through legal procedures.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. The woman cannot remarry unless her marriage is dissolved through a decree of divorce.

2. The courts do not issue an injunction against a marriage.

3. If the woman marries the father of your student then a criminal case of bigamy can be filed against her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She may leak the information of this marriage to the Police/Women Helpline cell, which needless to she is illegal because this lady needs to seek a divorce before she enters into this marriage.

Vibhanshu Srivastava
Advocate, Lucknow
9457 Answers
273 Consultations

5.0 on 5.0

Marrying another married woman whose marriage is subsisting is an offence under bigamy, hence he cannot marry that woman even with the permission of her husband.

However your student's can very well marry another woman of his choice since he is a divorcee, your student cannot legally stop him from going ahead with this proposal.

T Kalaiselvan
Advocate, Vellore
81467 Answers
1827 Consultations

5.0 on 5.0

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