Husband did second marriage out of India - what action can i take

604 votes

Dear madam,
Yes you can take stern action through legal system ,he can be penalized in court of law for bigamy , provided you can proof your point , you kindly meet in.peson with your evidence and meet at our office to help you legally .OFC : Adv Pankaj Kumar & associate

LawRato LawRato

832 votes

I understand your concern and empathize with you for the situation you are in. Relationships are very delicate and need to be carefully managed. The question you have posted is very open, there are two angles to look into this.
1. Get back your spouse and restart your life with him again
2. Punish him… without divorce second marriage is an offence under section 494 of IPC followed with divorce.
You need to suggest the course of action you wish to take based on which the legal action be taken, the second marriage is illegal and punishable and yes, you can take action against him filing a case for Bigamy (but if he has changed his religion from hindu to muslim and marries then its permissible under law for a muslim man to marry more than one woman, if you can prove the conversion was solely for the purpose of marriage then it can be challenged. Remember you should have all the evidence to show the second marriage ceremony). Adultery is one another ground that can be claimed if he has married to a woman who is also married and not divorced. If a married man indulge in sex with an unmarried woman he will not be liable for adultery under this provision but he will be liable for the act of adultery in civil sense & on the basis of this you as his legally wed wife can seek divorce from him in the family court but cannot get him punished under section 497.

My suggestion will be, if you want to live with him... seek counselling and figure out options, if you dont want to live with him then seek divorce. If you believe you need to punish him there are options that can be exercised as per law.

Regards,
Sonia Rajesh

Advocate Sonia Rajesh LawRato

848 votes

Hi, for answering this question we need to know which personal laws are applicable to you. (what your religion is)

If you/your spouse are not a Muslim you can get him prosecuted u/s 494 IPC for Bigamy.

Only the person aggrieved can complain in case of bigamy. if it is the wife who is aggrieved, then her father can complain as he is the lineal ascendant of the wife.

Advocate Ayantika Mondal LawRato