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Husband did 2nd marriage without divorce want to claim his property


10-Dec-2023 (In Divorce Law)
My husband has got married without divorce me,I have two major son, also he has done some property by the name of second wife, and that property is going to be sold, can I claim for that property or can do injunction, or can I take a legal action against it.Hindu religion.
Answers (3)

Answer #1
853 votes
yes you can file an injunction but civil cases take a long time. it would be better if you file a maintenace case and a right to residence under domestic violence act and also a 498a case and a charge of bigamy over FIR against your husband and tag the house in the domestic violence case alongwith your sons.
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Advocate Aveek Bose

Adv. Aveek Bose

LawRato Kolkata | 1000+ Answers
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Answer #2
528 votes
First of all no one cannot conduct a second marraige during the lifetime of another spouse without obtaining divorce.This clearly proves that the second marraige is null and void and hence the transfer of property is also null and void.Yes you can file a petition before the civil court seeking for temporary injunction and stop this selling process. Thanks.
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Advocate Suvajit Ghosh Dastidar

Adv. Suvajit Ghosh Dastidar

LawRatoKolkata | 200+ Answers
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Answer #3
926 votes
Adultery provisions should be invoked. An injunction would be advised. Immediately a caveat should be filed in the jurisdiction of the court having territorial jurisdiction of the property. Further can only advise after getting into the further details
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Advocate Abhishek Mukherjee

Adv. Abhishek Mukherjee

LawRatoAhmedabad | 50+ Answers
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