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Is second marriage possible without divorcing first wife?
15-May-2023 (In Family Law)
Sir The case is that my husband married a girl and living with her without divorceing me then I booked a FIR in local police station after that police arrested my husband forward to jail. Later after some days my husband release on bail from the jail custody and living with that girl near my house. So my children and myself is in very mentally sock and need if any legally action taken against him.please help me I need your answer as earlier as possible.
Let me know your religion, whether you are Hindu, Muslim or Christian. Second marriage is always void under the law. Now you are advice to file case under the provision of domestic violence Act and case for maintenance
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Adv. Durga Prasad Jena
Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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File a case of PWDV Act alleging bigamy along with your FIR copy to procecute him and get maintainance for you and your children.Cases initiated dievto your FIR must be progressing slow.Find out from PS and intervene there with an advocate.
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Adv. Samar Pratap Mohanty
Adv. Samar Pratap Mohanty
Cuttack | 50+ Answers
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Under Hindu marriage act it's not possible without divorce.if he is in job ,after your FIR and arrest ,he should have been terminated . Your son's are having right to their grand father property . You may claim maintenance and divorce with charge for adultery on husband.
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Adv. Tapan Kumar Behera
Adv. Tapan Kumar Behera
Bhubaneswar | 25+ Answers
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No second marriage is not possible without divorcing 1st wife.have u legally married with him?if yes then basis of FIR you have file police in action case against the FIR .Then you can file bigamy case against him.
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Adv. Suprava Behera
Adv. Suprava Behera
Cuttack | 50+ Answers
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You cannot get married without getting a divorce. It’s a criminal offence.Only a Muslim can have upto 4 wives. Only once the divorce is obtained can you get married again. Please credited your divorce proceedings.
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Adv. Ankita Patnaik
Adv. Ankita Patnaik
Delhi | 25+ Answers
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Hello,
One cannot marry unless he/she has been legally divorced. Any unwarranted action on your part might jeopardize your divorce case , hence do consult your lawyer before u take any step further. For any further query you may contact me.
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Adv. Ritagya Riti Singh
Adv. Ritagya Riti Singh
Delhi | 25+ Answers
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Since how long your divorce case is pending? And what grounds have been taken by you in your divorce petition, kindly let me know regarding the period of pendency and grounds of divorce. Indian law does'nt allow a married person to for live-in or second marriage untill he gets the divorce fro the first wife. In case you will start live-in your wife can file a case adultry against you. It is your right to get divorce in case there is irreparable break-down of marriage. So i would suggest to not start live-in relation untill you get divorce from the first wife.
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Adv. Abhishek Singh
Adv. Abhishek Singh
Delhi | 25+ Answers
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Dear Sir,
As your marriage is governed by the provisions of Hindu Marriage Act and you cannot enter into second marriage without getting divorce from your first legally wedded wife. As you stated that your wife is abusive and aggressive in nature which itself amounts to cruelty, thus, a valid ground for divorce. You may stay in a live-in with another girl.
You may contact me for any further assistance.
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Adv. Arun Wighmal
Adv. Arun Wighmal
Ghaziabad | 25+ Answers
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- Subject: Request for Confidential Legal Consultation – Marital Issues, Emotional Distress, Divorce,
- Husband too much dominating and controlling
- Husband too much dominating and controlling
- Asking for increase in regular monthly maintenance given by my Son
- Claim rights of wife under divorce processing
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