• Husband did not disclose his previous divorce had not happened and married me on false grounds

Sir I am writing to you from Gurgaon, I am second wife, my husband marry me in temple in 2012 by telling that he is divorced before 6 months on 10/9/2020 I got to know about his truth that he was not previously divorced, and running both family by hiding each other. I have gone for a police complaint again him there he denied this marriage in front of the cops and said that it was happen due to the attraction 7 years back I do stay with this woman but not as a married man , he took the photograph of marriage and other documents 8 really don't know when, but I have been able to find few, I have no marriage pics, other than a birth certificate of my child , a life term plan where I am a spouse under nominee after his death. His name as my husband on my adharcard and passport and rent agreement. Family pics of my husband and father in law with us as well as with my family. My son 's school admission card. 
His confession on recorded call where I have asked by pretending that I will stay with him by not disclossing until he wants I really need a help. Please guide me.
Asked 1 year ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

You have enough proofs.

File a police complaint against him in written form to the S.P of your area.

That complaint would be forwarded to the woman police station and matter will be recorded. 

Get the complaint written from an advocate, 

Surely FIR will be registered against him and he will be prosecuted. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

See you can file a police complaint.for bigamy if police fails to take the complaint file a private complaint with the magistrate.

Also file you can file an annulment petition to annul your marriage on ground of his previous marriage and cheating and also can seek maintenance for yourself and the child.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Police is bound to register FIR and investigate. Clear case of cheating and Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.

If police dose not register FIR, complain to commissioner and women cell. 

Pics and declaring wife in documents etc are valid proof.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

1. If his previous marriage is not dissolved at time of your marriage then your marriage is null and void and hence you don't have a valid marriage. 

2. However the children born out of this invalid marriage is though illegitimate can inherit the the father. 

3. However you are entitled to maintenance from this person. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

If you want to take action against him, then you can file a Private criminal complaint before the judicial magistrate court under section 494 IPC against him read with section 420 because he has cheated you and married you.

The evidences with you are sufficient to prove his acts of cheating.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can go for annulment if he has defrauded you about the marriage. You will get the order for annulment frim family court

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

your husband's marrying you fall under the category of bigamy and you can file an annulment petition to annul your marriage on the ground of his previous marriage and cheating,

BIGAMY,

"Whoever, having a husband or wife living, marries during the life of such husband or wife, without dissolving the previous marriage, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine"

You can file a police complaint about bigamy, and if police fail to take the complaint file a private complaint with the magistrate.

The second wife (you) does not have any legal right. In fact, the second marriage is considered void. 

any child born out of void marriage is legitimate and thus shares equal rights in the property of their father/mother. This provision is also applicable to children born out of a live-in relationship.

you have sufficient proofs,

do contact a lawyer and start the litigation,

Suneel Moudgil
Advocate, Panipat
2353 Answers
6 Consultations

4.7 on 5.0

You can file petition in family court for declaration that marriage is nullity as performed during subsistence of earlier marriage 

 

2) seek sole custody of your child and maintenance for child 

 

 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

CONSIDER THIS:
1. All the documents you mentioned does not bear signature of such so called Husband and neither does it documentarily prove anything about such temple marriage.

2. The DNA test of Child would prove that biological father of child is the Husband. BUT here the Husband would say that it was a mutual understanding Live-In-Relationship (which is not illegal as per a Supreme Court judgment)

3. Under the circumstances and since 7 years have gone by, you may claim Maintenance for the Child and settle amicably, more so since conducting any legal proceedings will be difficult, money & time consuming. You have an option of filing a Police FIR against husband, for Cheating, Fraud, Breach of Trust, Mischief etc.... (if that is what you wish)

4. Of course, he can duly divorce his first Wife and THEN duly register your marriage, which will regularize everything. It is a matter of convincing /amicable settlement.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

1. The documentary evidence you have is ordinarily sufficient to prove his remarriage to you. You will have to further prove that his first marriage was subsisting on the date of his remarriage with you.

2. You are free to file a criminal case under Section 495 IPC against him and get the FIR registered.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

All this is sufficient to implicate him. File a petition in the family court for annulment of marriage. Also file a fir based upon the evidence you have. If the police do not respond then file a complaint case before a magistrate for fraud criminal intimidation and criminal breach of trust and cheating.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Madam, 

It is most sincerely advised that you decide your action and then proceed accordingly. If you wish to proceed against him, you have option of police complaint and prosecute him for criminal offences. 

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Dear Madam,

If you are a working woman and can survive without his financial support then you can proceed. First make all arrangements for your livelihood and huge legal expenses. You must fight full time. You may approach High Court and as per the directions of High Court come under obligation to register a case and investigate and your husband will be punished as below.

===========================================================

 

Section 494 in The Indian Penal Code

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

In case if you want to separate from him, you can file an application seeking declaration of your marriage as Nullity i.e., during subsistence of his earlier marriage he got married you by suppressing the earlier marriage.

you can also file application for custody of  your son and also maintenance for both of you.

Further, if you are interested, you can file criminal complaint on him under Sec.494 / 495 of IPC (Marrying again during life time of wife / husband).

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

- 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, second marriage with the consent of the first wife is void under section 11 of the Hindu marriage act. Consent of first wife has no value in the eye of the law.

- Since, he married with you without disclosing the true facts of earlier marriage , hence your husband is responsible for the same , and can be convict for the offence of bigamy and cheating. 

- However , as per the Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Respected mam ...

There are two ways first of all you have to settle in your mind whether you want to be with him or take any legal action against him if you want to be with him then make him convince to get divorced with another wife and if you want to take legal action then you have the sufficient mean of evidence that can prove his guilt go fine and file and complaint on that complaint police will lodge FIR under section 494 of IPC for a bike bigamy  then he will be charged you have to produce all the documents first of all in the course of that you have to prove that he is married first and after that he intentionally married with you with intention to cheat youwhile having the first wife then only he will be charged and punished under the laws of IPC.... I am also from gurugram for further assistance you can call me

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1250 Answers
12 Consultations

4.9 on 5.0

you can file complaint u/s 406 420 and bigamy u/s 494  of ipc. enclose adhaar card and Child birth certificate. 

you may also file for annulment of marriage. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

1. Your marriage is not valid under Hindu Marriage act and considered as null and void due to bigamy of your husband.

2. But your son can claim his rights from his father such as maintenance and school fees and he can also claim share from ancestral property of his father.

3. You should have taken some strong legal actions when it was disclosed that your husband was not divorced at time of marriage. You can file criminal complaint against your husband for bigamy under section 494 IPC.

4. You have enough evidence to prove that your husband  have cheated you.  

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Mam first files a case under Domestic violence act and petition under section 125 Cr.P.C  for maintenance. while drafting the petition kindly write and mention all incidents and mention all the relevant facts there. Supreme court also recognises these remedies in case of disputed marriages also which might comes under scanner. even though your husband refuses to be in legal relationship with you still he has to prove all his claims. then you can proceed with the criminal case also under section 156(3) Cr.P.C.

Prateek Aggarwal
Advocate, GURGAON
7 Answers

4.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your husband has committed an offence of bigamy for which he would be prosecuted for seven years.
  2. I would like to apprise you that the registration of marriage is mandatory, but if you have failed then also the proofs that you are having are sufficient enough that he has married you without giving divorce to his first wife.
  3. You may not be getting any right as a first wife of his, but yes surly, your son would get all the rights in the same way like his children from first wife, if any.
  4. You should also file a divorce petition along with the alimony and maintenance for your child.
  5. His property will be diluted if he happens to go to jail.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer