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Can a Nepali wife remarry before divorcing Hindu husband


20-Dec-2023 (In Divorce Law)
Hi, my brother-in law got married with Nepali girl in 2007 & were living together in Nepal since 1 year back. Due to family misunderstanding separated & living in Ambala alone. Now came to know that she got married with another guy. Pl let me know what the legal action we can have, in this case. There is an issue of male child of 7 years. My brother-in law have no ID and resident proof of Nepal. However, house and shop are legally his wife owner. Please suggest.
Answers (1)

Answer #1
566 votes
A Hindu marriage, in accordance with the Hindu Marriage Act of India has to be dissolved by way of divorce before any married person to marry again with some one else. In case any person violate this, he is liable to be prosecuted and punished for the offence bigamy.

Indian Penal Code are applicable only within India, in case your sister-in-law is living in Nepal, the case of bigamy, if the laws of Nepal provides so, can be registered.

As far as the marriage of your brother-in-law is concerned, he has to get the same dissolved by way of divorce under the Hindu Marriage Act from the District court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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