Second marriage during subsistence of earlier marriage is illegal
2) your husband can apply for bail
3) legal fees depend on lawyer engaged by you
Bigamy
Hello All, I am a Hindu and married to a Muslim. we were in relationship for 8 years. We broke up in between because my family didn't approve our relationship. In the interim a year back, he was engaged but soon realized that he will not be happy with the girl. We somehow came into contact and realized that we cannot be separated. He tried to convince his and the girls family to break the engagement but they did not due to the fear of defamation. We got married on Dec 20, 2018 and 8 days after my marriage, he was emotionally blackmailed by and for the fear of defamation of mine and his family he was forcefully married to her. The girl knew that we are married and in contact, but because my husband did not give her the rights of a wife, she has now filed a police complaint against him for cheating. we have the proofs of her emotional blackmailing suicide note, audio recording where my husband has clearly mentioned that he do not want to get marry and the bond paper got bu her family which had my name on it - stating that he will not be in contact with me. Now i know that he may be imprisoned for 7 years. Can anyone of you please help me understand how to deal with this, also how much would be charges if we try to get a bail. please help me with this, as i have no support from my family, and i need to sort this situation all alone. My husbands family are also supporting the girl and are against my him. I could only get hold of my husbands brother who is willing to help me. one other thing to note is that the girls family a very influential party. they have all high contacts which they are proud of and are dominating. they also came to my home and warned my family to not let your daughter (which is me) to interfere in their lives. my family lives with fear as what can happen tomorrow. i am in terrible need of help, as i am not able to go out of my home!
Asked 7 years ago in Family Law
Religion: Hindu
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15 Answers
Many thanks, for your advice. Can you also please let me know if this will affect our visa process in future? Provided, If we prove ourselves right in the court and/or if we lose the case. How is it going to impact. Because we are worried about our career and future!
Asked 7 years ago
1) Pendency of criminal case would affect husband chances of obtaining visa
2) if husband is acquitted woukd not affect his career
3) if husband is convicted he would lose his job
See you need to file bail before the trial court on the ground that husband had been forced to marry second time , the copy of such messages, suicide note and recordings can be bought before the court and IO.
Further engage a good criminal lawyer for bail the fee he can charge as per his experience.
See once husband get the bail you can file for quashing of FIR before the high court , see till the time husband is not acquitted or FIR is not quashed this will effect visa.
As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage. This law is applicable in India too.
He can perform second marriage without permission.
There is no law of bigamy for Muslim Husband. Unless if first marriage is perform under special marriage Act then he cannot perform second marriage without divorce..
If first marriage perform as per Shariah law then he can perform second marriage and it is legal.
So try to settle dispute amicably you husband need to apply for bail immediately then contest the case on merits no need to worry hire a expert senior lawyer.
You can request for protection from Police station with the name and address of person who is threatening you detailing the nature of threat. you can also send a mail to the Superintendent of Police of your district.
You can also approach the court for protection by filing a private complaint in case police do not act on your complaint.. please note unless you file a complaint, police cannot help you.
You don't have to get scared if they harass you then police have to take a action. Now adultery is not active so they can't prosecute you under it. If you get married to him his wife can sue him for bigamy.
Dear Client,
Inter caste marriage governs under special marriage act. Hence his second marriage is void. No effect on you or on your visa.
And no criminal case made out against him,
Thank you all for your valuable suggestions. Respected Shubham Sir - As per your advice we will be filing a FIR from our end. Respected Mujeeb Sir - Yes, our marriage is registered under Special marriage act. But the other girl despite knowing this fact, got married to save the prestige of her family's reputation. Respected Yogendra Sir - The second marriage act was done as per islamic law. will it still be void?
Asked 7 years ago
See the husband can challange the validity of second marriage and can file to declare same void as there was no free consent even if islam permits polygamy .
Further in case of.your husband all the evidences can be brought on record and engage an advocate for getting bail and for trial.
if your marriage is registered under SMA then second marriage could not have been solemnised during subsistence of earlier marriage . it would be void
Any inter caste marriage in India, governs with special marriage act only. You are Hindu, not subject to islamic law. Second marriage is void.
If he is Muslim then he has right to marry more than one wives
- As per the information mentioned in the present query, makes it clear that you have been guided by all my fellow friends, but still I would like to add some more into it, Hope would help you.
- Firslty, the second wife can’t file any case agaisnt you specially, untill and unless she can prove this thing that you instigated your husband for doing the same.
- Seocndly, even your husband can’t be held liable for it surely, as it ha seven showing clearly that he married to her because of threats given by her family.
- And I can assure you that you should not be worrying about anything, and if happen to get trouble by police then should approach the court of law for protection as well as filing a FIR against them all for falsely implicating and threartning.
As a matter of fact it is you who, the first wife, can lodge a criminal complaint for bigamy against him and her.
She is the second wife who committed bigamy along with him.
Whatever it is, you may have to ask him to obtain AB before attending inquiry at police station.
You should understand the underlying fact that you have not committed bigamy since you are his first wife.
Any pending criminal case against him may adversely affect his visa process.
He may have to wait till he gets acquitted from the criminal case.
If he is still a Muslim and he married that girl as per Muslim rites or Muslim personal law, then he cannot beheld liable for bigamy.
Neither cheating case filed by her against him would be maintainable in the court of law.
You can challenge the same in the trial proceedings and get acquitted easily