Husband has remarried without divorce what to do

636 votes

Dear poonam
Thanks for query , I read ur concern it's really shocking how come ur husband remarry with your consent or order of court, kindly communicate with me on my phone numbers so I can explain u entire procedure to get justice

Thanks

Adv. Santosh Suryarao

Advocate Santosh Suryarao LawRato

969 votes

It appears that your divorce petition still pends. That means the marriage between you and your husband has not broken. It still continues. And under such circumstances your husband has performed marriage with other woman.

This is a crime of bigamy, that means marrying again during the lifetime of husband or wife. Section 494 of Indian Penal Code 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."

Your husband can be punished by the Court of Law for imprisonment upto 7 years and fine. But this is a non-cognizable offence. That means even if you file FIR with police, the police will not take any action against your husband and will ask you to file a case in the criminal court. You will have to file a private criminal complaint in the court of Judicial Magistrate First Class.

Advocate Nahush Surendrakumar Khubalkar LawRato

832 votes

Dear client, as per Hindu marriage act 1955 unless and until gets a decree of divorce to marry is illegal, as well as by Indian penal code it is treated as bigamy, so you can file a case accordingly for more information you can contact telephonically further information.if you satisfied by answer kindly rate me.thanks

Advocate Vijay Kalu Wani LawRato