• Nullity of Marriage

I have already asked a question that A hindu woman (my relative) marry second time with a divorced hindu person without taking divorce from first husband. First marriage was disclosed to new husband before marriage. Is it an offence? Second husband has suited case for nullity of marriage.Can she (my relative) put allegation of rape on him (second husband) and clame for maintenance. Provide any other suitable advice
Asked 9 months ago in Family Law from Churu, Rajasthan
Religion: Hindu
1) second marriage during subsistence of earlier marriage is illegal 

2)  wife cannot file  case of rape against husband 

3) she is entitled to maintenance from first husband only 
Ajay Sethi
Advocate, Mumbai
23264 Answers
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It is bigamy as she married during the subsistence of her first marriage. It is immaterial that she disclosed the truth to her second husband before her remarriage. In any event it will be difficult for her to prove that she disclosed this to him. She is liable to be jailed for up to 7 years if found guilty in a criminal complaint. She has no right to claim maintenance from him or file a complaint for rape. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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Her second marriage is void be cause she her solemnised second marriage in the subsistence of first marriage. Her second husband can prosecute her if he did not know it at the time of marriage. If he knew it he can only declared his marriage void. you may impose such alligation but you have to prove it, marital rape is not recognised in Indian law
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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this is an offence under section 494 of IPC which can be put on her because she marrried second time without taking divorce from her first husband.

she can not file any rape case against her second husband.

the marriage will be declare null and void by the court if it is proved that she married second time without taking divorce from her first husband.

she can not claim maintenance as the marriage is null and void in the eyes of law.

Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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Second husband filing a suit is correct.  He can get divorce by nullity of marriage. First husband can file a case of Bigamy against your relative.  Your relative cannot put a case of rape as she voluntarily accepted for the sex. She cannot claim maintenance as the marriage itself is not binding.  

She may manage the local police and file false cases against second husband.  Hence, he should immediately go to the Superintendent of Police/DCP office and explain the issue elaborately.  No worry. Be happy. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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Hi 
Marrying second time when the first marriage is subsisting is an offence under bigamy. Only the first husband can file a case of bigamy. 
in your case the second husband has filed a case for nullify the marriage. 
But since he was aware of the subsistence of girl's first marriage, the girl can file a case of  kidnapping and rape against the second husband and say that the second husband created documents of marriage so as to prevent kidnapping and rape charges being filed against him. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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First of all she has committed a mistake of marrying another person during the subsistence of her previous marriage without taking divorce from her previous husband.  Therefore the second marriage is null and void as per law.  Now the second marriage is an event which she voluntarily accepted hence where is the reason for rape allegations?  If the marriage itself is null and void where is the grounds for maintenance?
It would not be legally maintainable to claim maintenance or allegations of rape. 
T Kalaiselvan
Advocate, Vellore
14046 Answers
127 Consultations
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