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Exparte nullity - I need help and advice
19-May-2025 (In Divorce Law)
I am 24 year old woman. I obtained ex parte nullity from my 1st husband. He appealed nullity. I was aware of appeal of nullity decree& initially did turn up for hearings. But I got fed up with delay,constant postponement in court. So I married another person, arranged by my family, when court proceedings were on. Second husband did not know about 1st marriage, as I felt that it is not relevant.Now,2nd husband has come to know and is moving for criminal charges. What charges can he put on me?
S.Gunasekar Advocate Answer.
Your second husband can potentially file criminal charges under:
1. Section 494 IPC – Bigamy: Marrying again during the lifetime of a spouse (if nullity not finalized).
2. Section 495 IPC – Concealment of former marriage from the person you marry.
3. Section 415 & 420 IPC – Cheating and dishonestly inducing marriage.
These depend on the status of your first marriage at the time of second marriage.
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Adv. S Gunasekar
Chennai | 100+ Answers
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Your second husband may file charges under Section 494 IPC - BNS 82 (bigamy) since your first marriage nullity appeal was pending at the time of second marriage. He may also allege cheating (Section 417 IPC - 318 BNS) for hiding the first marriage. However, you can defend on the grounds that the first marriage was already declared null, and the second was done in good faith. Legal representation is crucial to protect your rights and avoid arrest. Contact us for immediate support.
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Adv. Arjun S
Chennai | 100+ Answers
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hi, I can well understand your concern from the query raised, it is to be noted that under section 15 of the Hindu marriage act, a marriage is permissible only after the appeal has been decided, and if a 2nd marriage has been done than the marriage is void and the 2nd husband can initiate criminal case under section 82 of the BNS, thank you
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