• I want my dad

I am only dughter of my dad . my mother died three years back , i got married one year back , my father married another woman, she already married she have no diverce from his first husband . i am  fear about my dadbeacause it's crime , he can not leasning my fear , what we do sir . i have any right breake this marriage. my husband also fight this problem with my dad.
Asked 1 year ago in Family Law from Vijayawada, Andhra Pradesh
Religion: Hindu
1) you cannot break your father marriage 

2) second marriage during subsistence of earlier marriage is illegal 

3) her first husband can file case of adultery against your father under section 497 of IPC 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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1. Your dad and his second wife have committed bigamy as this lady was not divorced at the time of her marriage to your father. If a criminal prosecution for bigamy is launched by the husband of this lady your dad may be imprisoned for 7 years.

2. You have no right to "break" the marriage. 

3. Your father should file for annulment of marriage if he wants to avoid going to jail.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. You can not break the marriage of your father,

2. If she has not taken divorce from her husband, then her marriage to your father is illegal and invalid,

3. Her husband can file a complaint of bigamy against your father for which he shall have to go to jail,

4. Try to convince him to ensure that his wife first gets the decree of divorce and then marry your father legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1. Well, remarriage without divorce is a criminal offence u/s 494 IPC under which your father can also come if her first husband lodges complaint with police.
2. Now if your father is not ready to listen to you then you could nothing. He is an adult person and has enough prudence to make choice between safety and danger.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
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Hi, you don't have any right to break the marriage of your father and thing is that it will become  offence only  when husband of the women lodge a complaint against your father.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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You have no right to break his marriage. If he has a lonely feeling so he decided to marry. How much care you given to your father after the death of your mother. If she is not divorced properly through court their marriage is not valid one.But you must understand that Two major peoples leaved together is not a crime. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
If your father has married a lady whose previous marriage subsisted at the time of the present marriage, this marriage shall be null and void and also attracts the offence of bigamy.  Her previous husband can lodge a complaint against her for an act of bigamy and also for declaring her subsequent marriage as null and void. 
Contact him and advise him by supporting it. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

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