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Husband did second marriage without divorce
07-Nov-2023 (In Family Law)
My husband did second marriage without divorce,his second wife is pregnant, but I don't have any proof for his second marriage, can I request the court to take DNA test on his second wife.We both are Hindu, our marriage held before 3 years ,we have a girl baby.
Under Indian Penal Code- If a man marries for the second time when there is already an existing married relationship with his first wife- it amounts to BIGAMY and is a punishable offence; IT ATTACHES CRIMINALITY.
Second marriage is void under law since it has taken place during the life of first wife.
The husband can be punished for a term of up to seven years; and, if the first marriage is concealed up to ten years and also be liable to fine.
However, there are certain exceptions which depend on case to case.
And need file a petition for DNA
Second marriage is void under law since it has taken place during the life of first wife.
The husband can be punished for a term of up to seven years; and, if the first marriage is concealed up to ten years and also be liable to fine.
However, there are certain exceptions which depend on case to case.
And need file a petition for DNA
Helpful?
Adv. Raghuraman Balaji
Chennai | 500+ Answers
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What is the status of second marriage?
According to the Indian Penal Code, the husband/wife from the second marriage can sue the partner of the first marriage for bigamy. If the first spouse lives, anyone who marries while the marriage is still going on is guilty of bigamy.
Is 2nd marriage valid without divorce?
In India, a second marriage with the first spouse without divorce is illegal and forbidden. This is a punishable offense and can result in harsh penalties. In Section 5 of Hindu Marriage Act 1955, the conditions and circumstances that are required to make a marriage valid are outlined in detail.
What is the Supreme court decision on second marriage?
The Apex Court ruled that a second marriage during the appeal process against a divorce order would not be invalid if the parties chose to avoid attracting attention.
What are the legal rights of a second wife?
If the second marriage occurs after his divorce from the first spouse or after her death, the second wedding will be legal and the second woman will have all rights to her husbands ancestral property and self-acquired properties (and will fall under Class-1 heirs). 26-Oct-2023
வணக்கம் தங்களது கணவர் வேறு ஒரு பெண்ணை இரண்டாம் திருமணம் செய்து கொண்டுள்ளார் என்பதற்கு ஆவணங்கள் இல்லை என்றாலும் தங்களது கணவர் அப்பெண்ணுடன் வாழ்ந்துவரும் சூழல்கள் குறித்து தெளிவாக காவல்நிலையத்தில் புகார் அளித்தால் நிச்சயமாக அவர் மீது மற்றும் அந்தப் பெண் மீதும் நடவடிக்கை எடுத்து தாங்கள் வாழ்க்கையை செய்து கொள்ளலாம்.
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Adv. M. Anandh
Kumbakonam | 100+ Answers
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