Second marriage without divorce

849 votes

hi madam sir. you told your husband having affairs or remarried so you have any proof. now what you want, you again reunion to your husband or punished to him

Advocate D Parthibhan LawRato

870 votes

is there a valid proof that they married, if not she can file for divorce or she can file for domestic violence case against him is she want to live with him or not as a wife she has every right to go and live with him

LawRato LawRato

695 votes

the second marriage is not a valid marriage and is in violation of the Hindu marriage act.
you can always opt for filing a complaint against your father and in furtherance of the same initiate divorce proceedings
for further queries please feel free to contact

Advocate Kartik Krishan Sood LawRato

838 votes

That’s illegal. If you are against the second marriage then you can file a complaint under Section 494 of the IPC that is “if a person marries a second time without a divorce while their spouse is alive the marriage is considered bigamy, which is a punishable offence”. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

703 votes

Your mother can sue him for the offence of bigamy in accordance with the provisions of Indian penal code if she is Hindu and the marriage was performed as per Hindu rites. For any further legal assistance please feel free to contact

Thanks

Advocate Bhawana Pandey LawRato

618 votes

—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.

You can file a complaint for bigamy through your lawyer

Advocate Anubhav Kathuria LawRato

676 votes

According to Hindu Law second marriage is not a valid marriage if the spouse from first marriage is still alive and if a person marries second time even when the wife is alive then the first wife can ask for divorce from the husband.

Advocate DhananJay Sharma LawRato

199 votes

You have not specified which religious community you belong to. Let us look at the Indian law for second marriage without divorce as dictated for different religions in India.
According to the Hindu Marriage Act 1957, second marriage without a divorce of first marriage is considered void. This is contained in Hindu Marriage Act, Section 5. Second marriage will only be valid if there has been a dissolution of the first marriage or if the spouse is not alive. Under Indian Penal Code, Section 494, bigamy is held as a criminal offence.  
The Parsi Marriage and Divorce Act, Section 5, prohibits bigamy. It is punishable under IPC Section 494, and can also lead to dissolution of marriage.
Even for Christians, bigamy is not a valid option without proper divorce. 
In case of marriages under the Special Marriage Act, bigamy is considered a criminal act.
The Muslim law does not directly specify bigamy but the Quran specifies that a man can have four wives or get married four times through his life, subject to the condition that he respects and loves each one and treats them with equality.  
It is important to consult a lawyer to understand the necessary steps that must be taken to protect you and your mother.

Advocate Chikirsha Mohanty LawRato