Seeking immediate legal advice
We need immediate help.
My eldest brother who was bachelor got married to his house owner's wife without any divorce 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 in any manner 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. My brother(aged 35) cannot 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.
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 my brother 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 in Family Law from Ghaziabad, Uttar Pradesh
1) marriage during subsistence of earlier marriage is null and void .
2) since she is already married and has 2 children from her first husband your brother should take the plea that he is willing to stay with her provided she divorces her husband .
3) your brother should record her telephone conversations ,
4) if situation worsens he should file police complaint against her for criminal intimidation
marriage during subsistence of earlier marriage is null and void .
Advocate, New Delhi
Let your brother lodge a Police complaint against her for trying to blackmail and intimidate him. When spouse is living, the marriage is null & void. If your brother is also interested in her, let her divorce her husband.
1. It is difficult to understand how your brother and you are getting scarred of her threats to kill you,
2. The marriage is void at law since she has not taken divorced her husband before marrying your brother,
3. Move out of the said house, if you really want to . She will not be able to do anything legally.