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Husband is already married what action can be taken
21-Sep-2023 (In Family Law)
Sir/Madam, My sister's marriage held on 23.02.2014, as per hindu tradition on presence of 500 people at Phushro, Jharkhand. Everything going on smoothly but after few months its comes to know that her husband already married with a divorced lady and she has two kids. The marriage proof is an affidavit issued by notary. But that lady never visited her husband home and no family members know it. During this period my sister issued female child on 12.12.2015. We have visited to her husband house with some relatives to solve the problem but her husband not to ready leave that lady. I want your help, What we can do?
Only the person aggrieved can complain in case of bigamy.
"so long as such a divorce has not be obtained, the previous marriage subsists and, therefore, the second marriage cannot be contracted by the Hindu so long his spouse is living". Section 5 of the HMA provides that the marriage may be solemnized between any two Hindu's , if neither party has the spouse living at the time of the marriage. In the instant case the previous husband of the opposite party is still alive and therefore a second marriage with the applicant even it is held to have taken effect was wholly illegal and can not given any right to get a maintenance from the applicant.
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
"so long as such a divorce has not be obtained, the previous marriage subsists and, therefore, the second marriage cannot be contracted by the Hindu so long his spouse is living". Section 5 of the HMA provides that the marriage may be solemnized between any two Hindu's , if neither party has the spouse living at the time of the marriage. In the instant case the previous husband of the opposite party is still alive and therefore a second marriage with the applicant even it is held to have taken effect was wholly illegal and can not given any right to get a maintenance from the applicant.
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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