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IF they have not divorced their first wife, can they marry again ?


10-Dec-2023 (In Divorce Law)
Hai I'm kiran 20yrs Hindu recently my father married women who has already married and not divorced still. My father married that undivorced women without divorcing my mother finally both of them haven't divorced to his first wife and her first husband how can this case be legal if possible how can I get my ancestors property. If this marriage is illegal can I take my father to our house?
Answers (3)

Answer #1
936 votes
the marriage is not valid. it is null and void. It is very dangerous. your father can be penalized under bigamy under Indian penal code if your mother or your alleged step mother's husband files against your father. He will be put behind the bars.
Answer #2
597 votes
You can file a case in court stating that your father had re married a women who is already married and she has not taken divorce from her husband you can even file a case for partition of the property
Answer #3
814 votes
Hi kiran
Your mother can file a complaint against your father under 494ipc ie bigamy.u cannot get ancestors property until it was transferred to u in any form like gift deed or will by your grand parents if they exists or by your father in absence of your grand parents. There is no any such birth rights in law to get ancestors property straight away to you if next generation was in existance.if your mother want maintenance he can file through court.

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