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Elder brother's wife asking big amount for divorce


17-Sep-2023 (In Divorce Law)
Elder brother's (govt employee) wife asking 15 lac for to sign divorce papers bt we find out that she secretly got married around 4-5 years ago and have a child of 3 years age. My elder brother and that girl got court married around 8-9 years ago, they never live together never have any childSo can i get my elder brother get married without divorce bcz that girl is already married and have a child? And what action we can take against her? nMost importantly how soon can we get rid of all these issues so that we can get my brother married as soon as possible bcz he is crossing 32 years age?
Answers (4)

Answer #1
726 votes
If the marriage is legal then your brother wife is liable for punishment of bigamy under section 494 IPC. Just serve a legal notice to the lady and tell her consequences of what has she done. You are not liable to pay her a single penny. Rather make her aware what she had done is a criminal offence punishable with imprisonment upto 7 years.
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Advocate Anubha

Adv. Anubha

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Answer #2
953 votes
you are elder brother cannot get married without getting a divorce from that girl. getting married again without getting divorce from previous marriage is an offence and punishable under Indian law but it would be easy to get a divorce from that girl since she has remarried and also has a child should you have any queries feel free to contact me
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #3
1000 votes
No, your brother can't get married again till he is not divorced as that marriage would be illegal. Even the second marriage of your brother's wife is illegal. Your brother can file for divorce in the court on the ground of Bigamy if he have sufficient proof that his wife has done second marriage and have a child with her second marriage.
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Advocate Saksham Batra

Adv. Saksham Batra

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Answer #4
896 votes
lodge a FIR against your elder brother wife for bygamy under 494 IPC do get their pictures of their secret marriage and if your elder brother wife demands money the use them to file divorce on ground of cheating.
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Advocate Prasanna Mohan

Adv. Prasanna Mohan

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