2+ Lawyers are online
divorce case - what to do next after women cell? where to go?
07-Oct-2025 (In Divorce Law)
my friend had separated from her husband 1 and half year ago and she is now residing with her parents. she has filed the DV case in district civil court and now it's been 1 year and 4 months that her husband is not appearing in the court. they have not appeared in court for at least once. she got to know that her husband has married other girl 1 month before. she went to women cell and filed complaint stating that without giving divorce , he married again. he didn't appear in women cell as well
Your friend should file for divorce and also lodge a criminal complaint under Section 82 of the Bharatiya Nyaya Sanhita (BNS) for bigamy, as her husband remarried without divorce. She can also seek maintenance and protection under the Domestic Violence Act.
Helpful?
Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
Chat
Your friend should immediately inform the court about her husband’s continuous absence through her advocate and request that the matter be proceeded ex parte so the court can pass suitable orders. Further, marrying another woman without obtaining a divorce constitutes the offence of bigamy under section 494 of ipc, which is a criminal offence. She can file a criminal complaint before the magistrate or police for the same, along with her pending Dv case. Ensure she preserves all evidence of the second marriage such as photos, invitations, or social media posts to support her case.
Helpful?
Adv. Saylee Chaudhari
Adv. Saylee Chaudhari
Dombivli | 50+ Answers
Chat
Your friend’s case involves clear acts of domestic cruelty, desertion, and now bigamy, which is a criminal offence under the Hindu Marriage Act and punishable under the Bharatiya Nyaya Sanhita. Since the husband has deliberately stayed absent in the Domestic Violence proceedings for more than a year and a half, the court can be requested to proceed ex parte and decide the matter based on her evidence alone. Regarding his second marriage, since it was solemnised while the first marriage is still legally subsisting, she should lodge a written complaint at the local police station and ensure an FIR is registered under the Bharatiya Nyaya Sanhita for the offence of bigamy, attaching proof such as wedding photos, invitations, or social media posts. The Women Cell complaint will support her claim but has no direct power to prosecute; hence, police action through the court is necessary.
Helpful?
Adv. Sanil Sarkar
Adv. Sanil Sarkar
Navi Mumbai | 100+ Answers
Chat
There are two possible outcomes:
(A) Settlement / Reconciliation happens
If both agree to settle:
A written settlement agreement is prepared.
You may agree to terms (e.g. mutual divorce, maintenance, custody, etc.).
You can then file a Mutual Consent Divorce (under Section 13B of Hindu Marriage Act) in the Family Court.
(B) No Settlement / Mediation Fails
If mediation fails:
The Women Cell may forward the case to police for FIR registration (often 498A or DV case).
You may receive a ↓call or notice.
You should immediatelu hire a familu lawuer
Helpful?
Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
Chat
Well, if the Husband is not appearing before the concerned Women Bharosa Cell, so your friend cannot legally compel him or bound him to appear so via Police Personnels of Bharosa Cell, as Bharosa Cell Personnels are there to resolve the conflict via Mediation.
Helpful?
Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Pune | 700+ Answers
Chat
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
