Wife remarried without divorce as husband denied to give divorce

My Sister  got married But after few months she got to know that her husband has physical relationship with other woman even my sister caught them They always used to fight with each other he used to fight and beat her He said he don't wanted to live with her They got separated. after one year my sister loved with someone He cares about her and loves her they decide to get married So my sister contacted her husband for divorce He said go to hell I don't want to lie with you go and get married Now she get married and she has a son But she doesn't get a proper legal divorce form husband Is this illegal or can be there any problem because she has a son and happy married life now with

Answers (3)

174 votes

Legal position is that of you are already married at the time of second marriage the second marriage is void, in ur case your sister marriage is void but she can get a divorce now from the first husband and thn get this marriage registered, in any case rights of the son will not be hampered and he will hold all his rights

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149 votes

Yes it is illegal because Your sister lives with second husband without any status and also there is no any status of her son. Legally first of all your sister must file divorce proceedings and after obtaining decree from court then registered second marriage.

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191 votes

Getting a decree of divorce is a condition precedent for remarriage. If a woman remarried without divorce that would be an offence.furthermore,it would obviate the woman of her maintenance rights etc from husband.

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