File bigamy case on the husband and FIR on 420 

Best option is to file for divorce by mutual consent 

2) consent terms can provide for payment of x amount as alimony 

3) MCD takes 6 months and contested divorce 5 years 

There is no evidence of second marriage 

2) you can engage a detective agency and gather evidence second marriage 

3) however mutual consent divorce is best option 

if both the parties are ready for a mutual divorce than sit together and finalized the terms and conditions of the divorce along with the amount of maintenance/alomony as per the status of the parties.

after finalization of the terms and conditions of the same, execute a compromise deed and file the first motion of divorce before family court under section 13B(1) of Hindu Marriage Act-1955 and after one week from the order of the court on first motion (if granted by the court), file the second motion petition under section 13B(2) of HMA, along with an application under section 151 of CPC for waived off the cooling period of six months as both the parties are reside separately since more than 18 months, the court may pass a decree of divorce 

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Bigamy can not be proved without strong evidence and photographs is not a strong evidence. 

If the husband is married prior and has cheatedly married the second, the second marriage is null and void, why spend for a divorce proceeding.

The second wife can put an RTI application to marriage office which falls under government, in 30 days you will get a reply, make sure the second wife signs and sends not any lawyer, it will be more effective

You should file a mutual consent divorce petition and negotiate beforehand with the other party. If tgey are sensible enough rgey will agree to a reasonable amount

If they are not then file cases against them. If may take a few months.

Yes you can make them confess about it.

then opt for Mutual Consent Divorce.

1. Let your sister convince her spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5. Your sister can sign Vakalath form and entrust that to an Advocate, who will do the needful. Your sister's presence may be necessary only twice. 

Dear Sir,

What is the procedure for divorce when there is mutual consent?

 No grounds are required to be given if divorce is by mutual consent.·  

The husband and wife should remain in the relationship and stay

• separately for the preceding one year before giving a joint application. The judge will issue a notice after six months intervening period.
• If the couple do not change their mind after six months and still seek
• divorce, the same shall be granted to them.

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Hello,

Divorce by mutual consent is a good option in this case.

Regards

Yes bigamy needs proof. Yes they can plan for mutual consent divorce. 

Mutual consent divorce would be best as it will not take much time.

Now a days mutual consent divorce can be attained within 1 month .

So mutual consent divorce is suggested. 

Get the settlement about compensation and all before filing the case and get everything mentioned in the mutual consent petition. 

Thanks 

See firstly you both families can meet and mutually decide for a mutual divorce and compensation/alimony settlement  amount based on same a mutual divorce agreement can be made and mutual divorce agreement can be filed.

Also alternatively if the guy has married another girl a case of bigamy can be filed and of jot agreeing for mutual divorce a contested divorce can be filed.

See case can be filed even if there is no.strict proof of bigamy though for evidence and trial proof shall be required. Though for benefit of both the parties mutual divorce is best way forward.

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law. 

-  Further , since the second marriage is not a valid marriage , hence as per law she is not having status as wife, except a consensual relationship, for which no rape case made out. 

- If, that girls marriage was earlier than your sister , then dont raise this issue. 

- Further , you should know that for your sister Divorce will be not a better result for her future. Hence, before taking Divorce decisions, she is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment , she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- Further, if you don’t want to create problems for your sister’s husband, and proceed for divorce, then you can get divorce decree within a short period of time, after filing mutual divorce petition. 

Good luck and dont forget to rating Positively. 

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 

If your sister's husband married that girl after the marriage with your sister then it can be held as an act of bigamy and punishable upto 7 years imprisonment under criminal law.

So if this is the background fact then your sister can file a criminal complaint before the judicial magistrate court under section 494 IPC for initiating proper legal action for this offence against both of them.

This may put pressure on her so that she will come for a compromise agreement as per your desire or you can proceed with the further action as per law.

The photograph of they both in the marriage attire is a substantial proof, let them come to court and defend themselves accordingly.

In the absence of any other proof this may be an evidence to establish your allegations.

1. Your sister can file divorce case as well as maintenance case against her husband on ground of mental cruelty due to extra marital affair of husband.

2. Disposal of cases can take time but your sister can make application for interim maintenance till pendency of suit.