• Bigamy husband wants separation

A married B lovemarriage.Has all documents like Voter id ,pan, affidavit, bank account etc but marriage not registered.
A married C later due to family compulsion concealing first marriage. Did'nt have physical relationship.
A and B were happy couple,But due to studies B resided at parents.
B changed her mind and since first was secret marriage, she has decided to marry guy shown by parents and she now is ready for other marriage and going out with that guy X completely avoiding A and also complaining to police of harassment.
A never like C and C also left to her home in 8 onths when she realised that A was married to B .
A wants seperation from both legally. But B or C is not taking initiative to take legal action.
what should A do to get back B legally? or Get seperated from C legally.
Asked 1 month ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) second marriage during subsistence of earlier marriage is illegal 

2) C can file for anullment of marriage as second marriage performed during subsistence of earlier marriage 

3) if B wants to marry another guy file for divorce by mutual consent with B 

4) you cannot force B to stay with you 

5) don't antagonise C as she may file case of bigamy against you 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. How did A married B? Was it a marriage conducted at a temple? Were there guests and/or witnesses? Can A collect a temple certificate or certificate from the priest that A had married B? If there is no evidence that A had married B then it will be difficult for A to prove that a and B are married couple.

2. If A can prove that he had married B then his marriage with C becomes illegal and invalid and he will be leveled with charge of bigamy punishable with jail term.

3. If A's marriage with B can not be proved with evidence then there arises no question of getting divorce from B.

4. In the said event, A can file a divorce petition against C on te ground of cruelty or negotiate with her to agree for a MCD which will be decided with in 6 & 1/2 months from the date of its filing.

5. Even if A can prove with evidence that he has married B, it will not be possible for him to get back B if B does not want to come back to A.

6. However, B will make another mistake to marry X without taking decree of divorce from A, if her marriage with A can be established with evidence and in that case B's marriage with X will be illegal hence invalid.

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
A will have to get divorce from B to settle in life.
his marriage with C has no legal sanctity and hence does not require any action.
Another option is to just settle with another person keeping B and C choose their own aprtners which they appear to be willing.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1) record all B threats . 

2) file for divorce against B on grounds of mental cruelty. if B does not contest proceedings A will get ex parte decree

3) RCR is useless . A cannot force B to stay with him . 

4)  if A files for RCR       B will raise defence that A has remarried without divorce and she cannot stay  with A 

5) A cannot take advantage of his own wrong . A cannot file for nullity against C as he remarried her during subsistence of earlier marriage 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. You have not informed how a had married B and have not clarified whether  there is any evidence of the said marriage of a with B or not. If yes, the A shall have to file a petition for annulment of his marriage with C stating that he was forcibly married to C against his which when he was already married to B. For this C need not file the annulment petition but shell have to defend it.

2. If B wants to marry X without taking divorce from A, her marriage to X will be treated as illegal hence invalid. If A has not done any forgery of documents belonging to B and not harassed her, then he should not be afraid of the  fact that he is a politician's son.

3. A can file a RCR in this case since after receiving the notice B is expected to appear and submit whether she is really married to B or not and if the Court passes Judgment that B was married to A, then it will be easier for A to get his illegal marriage with C annulled.

4. Marriage can not be annulled on the ground that it has not been consummated. The reason for such non consummation is important here. However, A was already married to B at the time of his marriage to C is enough reason to seek annulment of A's marriage with C.

 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. A has committed bigamy here, so B can launch her criminal prosecution for it under section 494 IPC.
 
2. A should realize that he can get B back only through love, not a court order as no court can force her to go to A.

3. If B wants to marry X without getting divorce from A then A can file a suit for injunction to restrain her from doing so. 

4. A is free to apply for annulment but he will have to prove and not merely plead coercion and absence of consummation. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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The marriage between A and B is legally valid however the marriage with C is null and void owing to the subsistence of A's marriage with B and the spouse is living. 
If A want to live with B, he can file RCR against B and simultaneously he can file an annulment petition before court for nullifying the marriage with C for the reasons that he was forced to marry C,  and he is already married to B. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
What legal action can be taken against B for her activities. and get rid of C.

The action to be initiated in this regard has been explained in my answer to your previous post, you may visit that. 



can A send notice to B for her actions?

A can send notice to B asking her to return to he matrimonial fold since she is legally wedded wife of A, based on her reply he may file RCR petition to bring her back to live together. 






Can A file for nullity of marriage with C proving the marriage was by force and since he didn t have any physical relationship with C during 10 moths of their stay together

Yes, he can very well file 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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