Legal Question in Family Law in India

Resp sir,I am not living with my husband and he force me to divorce or either he will marry other without getting divorce.If he marry other what I have to do.

Asked on 12/27/13, 7:52 am

3 Answers from Attorneys

why are you two seperated?? please explore the possiblity of a reconcilliation. you can file a petition for restitution of conjugal rights. . Make an effort to save your marriage and if there is no future in it then it will be better if you part ways amicably and settling all your issues. For further query contact 9312411481

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Answered on 12/27/13, 8:36 am

dear client if he marry without divorce then u can file bigamy case against him and he will get punishment up to seven years jail. for any legal help call me on 9422611385


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Answered on 12/27/13, 10:12 am

Hello. Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. One of the prime requirements of a legal marriage under the Hindu Marriage Act is that neither party should have a spouse who is alive at the time of the marriage (Section 7). Only the person aggrieved can complain in case of bigamy.

If the aggrieved is the wife, then her father can complain under section 494/495 of the Indian Penal Code. A petition for declaration that the second marriage is void can be filed only by the parties to the marriage and not by the first wife. The wife can file a complaint either in the court or in the Police station.

The Supreme Court has held that a woman is entitled to drag the man to court under section 494 of the Indian Penal Code (IPC) which makes bigamy a criminal offence, punishable with a jail term of maximum seven years. Also, you shall be entitled to maintenance and property and shall be considered as his validly married wife in the eyes of law.

Get an expert to help you. You can call me at 09555 507 507 or send me a mail at [email protected]


Advocate Pooja

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Answered on 12/28/13, 4:04 am

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