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Husband left the wife for 6 months wife got remarried husband returned
08-Dec-2023 (In Family Law)
My sister got married in 2009 as per Hindu rituals.They stayed togethet till 2014.But due to some quarell her husband left ber witbput notice for 6 months.During this period she got marriedto another person U/s 5 of HMA.Her husband returned and came to know about the matter .plz suggest.She had already filed divorce against her second husband but he is unwilling.What to do?
Marrying for 2nd time without getting divorce from first husband is an serious offence and your sister along with her 2nd husband would be in SERIOUS trouble if her 1st husband would file a case against your sister then both your sister along with her 2nd husband would be in SERIOUS trouble. So at this juncture suggest your sister to consult with a lawyer.
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Adv. Lalatendu Das
Bhubaneswar | 25+ Answers
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Second marriage is void while subsistence of first one, show here filing divorce is not solution , because it is invalid, but she can move to first husband and fiile a case to cancel the second one vide a void petition .
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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According to HMA, second marriage without divorcing first marriage is illegal and void.so marriage with first husband is valid and your second marriage is invalid.your sister also committed crime by marrying second time without divorcing first husband
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Adv. Ved Prakash Shaw
Bhubaneswar | 100+ Answers
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Dear client,
Your sister without taking divorce from her first husband the second marriage is not a valid marriage. Your sister supressed the ist marriage at the time of marriage u/s 5 of special marriage act.its illegal. i suggest you to say your sister to file a case before family court to decaration the second marriage void.so its better to consult advocate and create reasonable grounds to file this case for declaration.
Your sister without taking divorce from her first husband the second marriage is not a valid marriage. Your sister supressed the ist marriage at the time of marriage u/s 5 of special marriage act.its illegal. i suggest you to say your sister to file a case before family court to decaration the second marriage void.so its better to consult advocate and create reasonable grounds to file this case for declaration.
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Adv. Bisweswari Mohanty
Bhubaneswar | 100+ Answers
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Divorce is not the proper remedy for her problem . She is advice to declare the marriage nul and void against the second husband as well as the 1 st husband may file complaint against second husband under 494 ipc
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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