Will remarrying after getting divorce on the stamp paper legal
05-Oct-2023 (In Divorce Law)
my wife chetaed me she is already married before marry me and she not divorced her first husband , i want to file sue against her becauss she divorced md on 100rs staml paper and now she did third marriage , i want to know is her first marriage certificate become real evidence to file sue against her? i know about three marriage i dont know how many person she cheated , pls i want proper suggession
Hi,
Divorce without filling the petition for divorce in the concerned family court is not valid,
till the time she is not divorced according to law with her husband she could not marry again , if she does marriage is not a valid marriage in the eyes of law .
section 494 ipc will be applicable
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.
thanks
Thanks
Divorce without filling the petition for divorce in the concerned family court is not valid,
till the time she is not divorced according to law with her husband she could not marry again , if she does marriage is not a valid marriage in the eyes of law .
section 494 ipc will be applicable
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.
thanks
Thanks
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