Huband was already married before he married to me

690 votes

You need to obtain evidences for his prior marriage and from his prior marriage, he has a issue. you can file domestic violence case, bigamy case, cheating and fraud, dowry case against him. If you are happy with this arrangement then it is your choice whether to proceed against him or not

Advocate Milind Achyut Kale LawRato

931 votes

the proper question is do you want divorce? if yes then you can definitely file for divorce under other acts even if it is intercaste or otherwise. alternately you can file a criminal complaint under adultery and other offences in your local police station.and anyway according to the hindu marriage act a hindu person cannot keep two legal wifes at the same time. so i doubt if your marriage in entirely legal. please decide your direction and consult your local lawyer

Advocate Vikram Vishwas Kulkarni LawRato

665 votes

Dear client u can file case of bigamy against husband. If case proved yr husband will punish for five years jail.u need to provide details regarding his previous marriage. U can also take divorce on this ground from husband. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

797 votes

In your case we have to see the wedding was done as per what rites??? you can file divorce petition against the person and also file a case of adultery and cheating against your husband! he have to give you divorce for maintainanace and other aluminy !

Advocate Darshan Subhash Oswal LawRato

952 votes

Hello!

It is understandable that it must have come as a shock for you to know about the previous marriage, and that too after such a long period of 9 years.

You have asked suggestion on what to do. But you have not stated what YOU want, what YOU desire out of this situation. Then some suggestion could be possible. You need to sit calmly and get clarity on what YOU want now.

Do you love him very much? Does he love you very much? Do you want him even in such a situation? or you want divorce?

Anyways! Let me offer what strikes me.

You are a Christian and he is a Hindu. That means your marriage is solemnized under Special Marriage Act. One of the important conditions relating to solemnization of special marriages is that at the time of marriage neither party has a spouse living. [Section 4 of Special Marriage Act, 1954]

If the above conditions is not fulfilled then the Special Marriage Act says that such a marriage solemnized under the Act shall be null and void, and may on a petition presented by ether party thereto against the other party be so declared by a decree of nullity. [Section 24 of Special Marriage Act, 1954]. (Null and Void, in simple terms means, invalid from the very inception).

Thus a petition ifor a decree of nullity of marriage can be filed in the Family Court. That is one.

Second:

Section 494 of Indian Penal Code is about marrying again during lifetime of husband or wife.

It says, "Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

So that section creates the offence / crime of bigamy and makes it punishable too. So a criminal case can also be initiated against the wrongdoer.

Hope this clarifies.

Advocate Nahush Surendrakumar Khubalkar LawRato