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Father remarrying inspite of Mother being alive


21-Sep-2023 (In Divorce Law)
My mother is 70+ and sick from past 15+ years but still alive and God willing will be for years to come. My father is retired and 75+. Both are living together with me(son) and family. I discovered my father has been planning on marrying again and found forms of Notice of Intended marriage in his cupboard. On confronting him he has not divulged any details. What legal remedy does my mother have to prevent him for marrying. What should I as their only son do, to ensure my Mother's property doesn't get entangled in any future legal complications should he succeed in his intentions
Answers (3)

Answer #1
682 votes
Dear Sir, Hindus cannot marry for second time during the lifetime of first wife. Thus, your mother may take injunction order from Civil Court restraining your father from getting second marriage. Since your mother is bed ridden so your father might be feeling alone. You can prevent him from marrying him.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #2
729 votes
As the facts, if your father is trying to remarrying without acknowledging and get a divorce from your mother, it will considered as illegal. Second marriage is illegal without divorce. Under Section 494 of the IPC, if a person marries second time, without divorce, while their spouse is alive, the marriage is a punishable offence. They can file a complaint under section 415 that provides condition of 'cheating'. The second marriage will not be counted and will be punishable offense, if he is not going for divorce.
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Advocate Anik

Adv. Anik

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Answer #3
865 votes
Sir, if your father is willing to remarry, he should first take divorce from your mother and state the reasons for so. He cannot marry without getting a divorce. Please clarify if he is getting divorce before remarriage. Sir, bigamy is an offence. A complaint can filed under Section 415 that provides grounds of 'cheating'. The second marriage will not be valid.
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Advocate Ayantika Mondal

Adv. Ayantika Mondal

LawRatoBangalore / Bengaluru | 5+ Answers
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