Legal action against husband from doing second marriage


I'm Hindu. I am staying in parents house. My husband sent me a divorce notice.But I want to save my marriage.Without divorce, my husband is looking for girls for a second wedding.Any legal action can be taken to prevent my husband's second marriage.

Answers (3)


252 votes

Hi
If you have been staying in your parents house since three years or if you and ur husband have not cohabited with each other as husband and wife since 2-3 years you can file restitution of conjugal rights case. Before that give a reply to the notice of your husband denying his allegations if any are made against you and please note that your husband can not remarry legally unless there is a divorce granted by courts. so even if he marries that will be illegal as it amounts to bigamy . Though preventive action for restraining him from marrying is not provided, you filing for restitution of conjugal rights case should make him understand that you want your marital life and you are not for to his second marriage and if he marries without divorcing you you would fight it back with criminal cases.
good luck :)


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198 votes

If your husband is trying to get second marriage, collect details of the second girl and take restraining order from stopping him from entering in to second marriage, and also you apply for restitution of conjugal rights under Hindu Marriage act , give reply to divorce notice if not he will file divorce case and have chances of taking ex-party divorce.

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126 votes

First thing when you receive a notice is to consult a lawyer and reply to the notice recieved by you. We further consult you in these matters as to how to move forward with the case. As I have no knowledge of the contents in the notice is difficult to say what can be done. At the very least you can hire an advocate and reply to the notice sent by you husband at the earliest.

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