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Second marriage. Not divorced legally. Denying to meet the baby


18-May-2026 (In Divorce Law)
I am a Hindu. My 1st marriage is properly divorced. I married 2nd time, but my second wife is not divorced legally with her 1st husband. We were unaware of it at the time of marriage. She has given birth to my daughter recently. Locking my mother in the house, she took my new born baby and has ran away to her father's house, without telling me. Now she denying to come home and even not allowing me to meet my new born baby. How should I proceed further.
Answers (3)

Answer #1
787 votes
I understand your questions so you shuld filed G and W C case at court and take notice to court from her and take a visitation rights from court and meet your baby legaly and you can take care your baby also and with out divorce of your wife you know the knowledge at the time of marriage she is second marriage yours or not that is important if you don't knows. this story you can take your baby from her permanent custody
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Advocate Bhagya C H

Adv. Bhagya C H

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
591 votes
Dear Sir Since your second wife was not legally divorced from her first husband at the time of your marriage your marriage may be treated as void under Hindu law However your daughter remains a legitimate child and has full legal rights including maintenance and inheritance from you You may first try to resolve the matter peacefully through elders or mediation If she refuses you can send a legal notice asking her to return and allow you to meet the child You may also file a petition for child visitation or custody before the Family Court If your mother was wrongfully confined you may lodge a police complaint regarding the incident At the same time avoid threats or force because it may lead to criminal complaints against you You should also collect proof showing that you were unaware of her earlier subsisting marriage and consult a family lawyer immediately for proper legal action regarding validity of marriage custody and your matrimonial rights
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
636 votes
Hi,If her first marriage is still subsisting then your marriage with her will be declared void, but your daughter’s rights remain safe. as a child born from a void marriage is treated as legitimate regarding parents. You remain the biological and legal father. so you have visitation rights, custody rights,guardianship rights.
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Advocate Babita

Adv. Babita

LawRatoBangalore / Bengaluru | 200+ Answers
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