You can file bigamy case against him and ask for alimony and maintenance for you u/s 125 CrPC.
Hello, My ex husband got married before divorcing me. What legal options I have?
You can file bigamy case against him and ask for alimony and maintenance for you u/s 125 CrPC.
Marrying again without giving divorce is a criminal offence under the Indian penal code. Lodge an fir against him.
Also demand maintenance and this also amounts to domestic violence. File a domestic violence complaint against him.
File a criminal case under section 498A, 494 IPC.
File a suit for nullity of his second marriage.
File case under PWDV Act seeking maintenance and damages.
Until the existing marriage is not dissolved any marriage will attract Section 494 Indian Penal Code, 1860 for marring second time inviting jail up to 7 years. He to obtain final divorce from you then only he can marry. The offence is non-cognizable that is, you have to file a private complaint against him in the court of Magistrate. The court will give direction to police for investigation and produce the accused into court. The offence is compoundable that is, complaint can be withdrawn by you, so proceed with complaint, he has to settle with you otherwise he will go to jail for sure. You have power to take back the complaint in future if you want after settlement.
You can file a private criminal complaint under section 494 IPC to punish him for the offences of bigamy committed by him and his new wife.
You can file the complaint directly before the concerned judicial magistrate.
Dear ma'am
As you addressed him as Ex-husband, it seems that the decree of divorce has already been passed.
Please note that if your marriage was not dissolved by the court, and the second marriage took place while you were his legally wedded wife, it would not be considered a valid marriage in the eyes of law. You can approach the court under Section 11 of Hindu Marriage Act. and the court would declare that marriage is void.
But if you want initiate a stricter proceeding, you can file an FIR as Section 494, IPC says that whoever, having a husband or wife living, contracts a marriage during the life of the former husband or wife, is void and this is an offence punishable. Thank you.
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnised 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 you is not valid and attract Bigamy as per law.
- Further, the second marriage even with the consent of the first wife is void under section 11 of the Hindu marriage act.
- Further, you can file a compliant against him for the said offence .