Validity of the second marriage before divorce with the first wife.
29-Oct-2023 (In Divorce Law)
My brother is married 6 months ago. Recently I came to know that my sister is married earlier and she did not get her divorce still. The case is in the court and my brother is aware of all the incidents. My sister in law's ex husband physically harassed her and they filed a DVC case 2.5 years before her 2nd marriage, along with divorce. There is no progress in any of the cases till their marriage time so their hidden all the facts from us and married in a simple way. We don't know when my sister in law can get divorce. She is a nice person. Am more worried about my brother and sister in law. Can you suggest the below points 1. if her ex husband find out that shes married, what case he can file on her and my brother? 2. what are the consequences? How long it ll take that case to be proved? 3. There are no proofs other than few photographs of their marriage. They did not register the marriage. What can be done now? They love each other so much and are ready to face anything.
If you are hindu, then second marriage, during the substance of the first marriage, is illegal in our country and the relationship arising from the same does not have any validity. The second wife can ask relief in DV Act
Broadly speaking the marriage between your brother and sister in law is void since she is still married. The status is as if they never married each other..Please find the response against each query-
1.the 1st husband of your sister in law can file a case of adultery against your brother, no case against your sister but can use this as a ground for divorce.
2.such cases take minimum of 2 years to resolve..no fixed time line.
3.not clear as to whose marriage you are referring to, whether the 1st marriage or the one with your brother. Such things are best discussed on call or once we meet.
1.the 1st husband of your sister in law can file a case of adultery against your brother, no case against your sister but can use this as a ground for divorce.
2.such cases take minimum of 2 years to resolve..no fixed time line.
3.not clear as to whose marriage you are referring to, whether the 1st marriage or the one with your brother. Such things are best discussed on call or once we meet.
1 & 2. First husband of your sister-in-law, is still her husband and not ex-husband. He can take criminal legal action against sister-in-law and your brother and minimum 7 years punishment can be given to them. In your case, it should not take much time, cause the offence is clearly made out.
3. Then it becomes more dangerous if her first husband comes to know about any subsequent relationship with your brother.
Your brother and sister-in-law should seperate till the divorce is granted to her. Just pray that her first husband does not get to know about the subsequent relationship.
3. Then it becomes more dangerous if her first husband comes to know about any subsequent relationship with your brother.
Your brother and sister-in-law should seperate till the divorce is granted to her. Just pray that her first husband does not get to know about the subsequent relationship.
Hi, you have not mentioned the religion according to which personal laws are applicable. As per the provisions of Hindu Marriage Act, the second marriage during subsistence of of first marriage is void. In the present circumstances, if her first husband comes to know about the marriage, he can file a new case. It is suggested that her divorce petition is expediated and the divorce is taken at the earliest.
there js no such validity of second marriage before divorced from first marriage.. the second marriage will b considered as null and void and there will b no legal consequences out of your second marriage..
for futher assistance you can contact me or can meet me at my chamber
for futher assistance you can contact me or can meet me at my chamber
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