• Legal advice regardingĀ marriage

One of my brother got married to his house owner's wife three years back through court marriage 
secretly whose husband is still alive with two children. Her husband is not aware of this fact and I came to know recently. The woman is still living with her first husband. But now he realized his 
mistake and want to get rid of this woman. The woman is not ready to give up and want to stay 
with him and not allowing to marry my brother with another woman and blackmailing my brother by 
giving him warnings to him and entire family members both physically and financially and challanged to face dire consequences. Is their marriage legal since her husband is still living with her without divorce. Please advise what can we do to get rid of this woman in legal way without hurting the family members.
Asked 3 years ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
how did he getmarried
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. This marriage is void from the very beginning.
2. So your brother can marry another girl and no need for permission from any quarter.
3. However if her husband lodges any complaint then your brother may be prosecuted u/s 487 IPC on charges of adultery.
4. Ask your brother to immediately to move out of this city and settle in another one and marry a girl of his choice.
Devajyoti Barman
Advocate, Kolkata
6884 Answers
78 Consultations
4.9 on 5.0
1) marriage during subsistence of earlier marriage is null and void . 

2)  your brother should record her telephonic conversation . 

3) it appears that lady needs psychiatrist treatment . 

4) your brother should find a job in another city and move out while he can . 

5) there is no bar on your brother   marriage .
Ajay Sethi
Advocate, Mumbai
27248 Answers
1480 Consultations
5.0 on 5.0
1. The marriage of your husband is illegal as he married a woman who was already married to another man. Your brother is free to remarry. 

2. However, your brother can be prosecuted for bigamous marriage if a criminal complaint is filed against him by the husband of this woman. If convicted he may be punished for up to 7 years.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

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