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m a 2nd wife I don't have any proof of marriage I have 1 daughter want
14-Feb-2023 (In Divorce Law)
I don't want be with my husband because he did not tell he is having already 1st marrige and 3 children am a second wife I have 1 daughter yesterday I give a complente to police for my husband now what can I do I want to he must take punishment from legally
Hi. ..if your husband not informed you about his first marriage and he married second time without getting divorce from the court then definitely it is offence under the law and second marriage will not have any importance under law.
Thank you
Thank you
Helpful?
Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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Dear Madam,
Pressurize the police to register your complaint under following provision of law.
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Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—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.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Pressurize the police to register your complaint under following provision of law.
=======================================================================
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—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.
(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Second marriage during the subsistence of the first marriage is illegal in India and the
relationship arising from the same does not have any validity. One of the conditions for a
valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the
party should have a spouse living at the time of the marriage. Under Section 11 of the Act,
second marriages can be declared null and void.
http://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/bigamy
relationship arising from the same does not have any validity. One of the conditions for a
valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the
party should have a spouse living at the time of the marriage. Under Section 11 of the Act,
second marriages can be declared null and void.
http://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/bigamy
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
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