how did he getmarried
Legal advice regarding 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 10 years ago in Family Law
Religion: Hindu
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4 Answers
We need immediate help. 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 10 years ago
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.
Thanks for your advise Sir.. but how can my brother(aged 35) move to another place since the woman(aged around 35) knows the address of our hometown and she is warning us that she will go to our hometown and kill my brother and herself and take action against our younger brothers and sisters in hometown to defame us and also report this incidence to our hometown police station and not ready to give up under any circumstances. She is warning us not to disclose this fact to anyone but also would not let my brother go away from her. However she is living with her first husband and two children aged around 8 and 5. We tried to convince the woman several times and made her understood that things can be settled down easily since he husband is not aware of this incident but she in not getting convinced in any manner. My brother was married to her since three years secretly. Presently I and my brother are living in her house as as a rented persons and she is not allowing my brother to move out of this house. I am in a state of shock as my brother is very qualified Post Graduate and eldest amongst us and this mistake has been committed by him. I came to know this incident when the woman started giving warning calls on both my brother's and mine mobile number when she came to know that he is going to get engaged and marry someone else.Please provide a permanant solution to this problem so that both families could be saved and live in harmony since our future and career is at stake due to this incident. Nowadays we all are living our lives at very stress for which I am not able to concentrate on anything.
Asked 10 years ago
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 .
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.
