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Is it legal possible for second marriage without divorcing first wife?


09-Nov-2023 (In Family Law)
This is Vanessa A John. Hi just wanted to know how is the verification done for court marriage in catholic also wanna know if a married person having an affair and wanna get married can it be done in Mantralaya how do you people come to know if he is married earlier need help immediately plz As this incident has happened with me and the register person said they do not verify the parties. I am married to my husband for the past eight years n there was a lady Clara Dsouza who took my husband to dubai later divorced her first husband n then got married to my husband in mumbai mantralaya court on 13-1-15 .I want to know what can be done as me having two children n my husband always visited us every year n he got married to this lady in 2015 n last year got twins from this lady n this lady knew he was married but now when I caught them red. Handed she is lying as she always blocked me when I told her he is my husband what can be done now as whenever I try contacting her she block
Answers (3)

Answer #1
548 votes
You first of all do one thing now , stop contacting your husband and said lady namely Claura D' souza. The fact is that , there is no such provision to got married with another lady without taking divorce from d first legally wedded wife. You collect the documents and birth certificates of childrens of Clara Dsouza and go to nearest Police station and file criminal complaint against ur husband for getting married with another lady without taking divorce within her lifetime. Such act of ur husband is a criminal offence as per the provisions of Indian Penal Code.
Answer #2
734 votes
Well I am not aware of the verification though however your husbands second marriage is illegal and does not stand valid in the eyes of law. Now it's upto you whether you want to claim maintainance from your husband or file a criminal complaint for bigamy (an offence for marrying second time during the subsistence of first marriage). However you will need enough proof to substantiate your case.
Answer #3
520 votes
Dear Vanessa,

Your husband cannot remarry without divorcing u as u r his first wife. He is liable to be prosecuted for bigamy which is a criminal offence. You can also seek divorce and maintenance from him for yourself and your children in family court. Or vice versa you can take your husband in criminal court for bigamy and domestic violence.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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