LawRato

Legal action against man who remarried without getting divorce


23-Apr-2023 (In Family Law)
My dad physically and mentally harassed and tortured my mom they got separated, it’s been 14 years now. My mom always said he was cheating on her, but didnt have proof. I now found out that he is married to another women for last 13 yrs. he never divorced my mom. Plus I found a letter in his own handwriting where he mentioned he is divorced in 2001 And is looking for a new bride. Can I file any complain against him based on these proves. What sections of law can be applied on him ?
Answers (3)

Answer #1
636 votes
If you have proof regarding his marriage and any other documents like photographs with other lady. In 2001 letter what is mention is important, if it is bio-data for marriage. Then your mother can file criminal complaint under section 420, 415, 351 etc For cheating, bigamy , brah of trust etc, u can also file divorce, maintenance and domestic violence case against him and his second illegal wife. The second marriage is void .
Helpful? LawRato LawRato
Answer #2
938 votes
Helo madam
Yes your mother can file complaint againt against your father of IPC under section 494. Of Bigamy offence also she will ask for divorce on the same ground and you have proof was strongly enough to proove that your father was cheated your mother from last 13 yrs.
Helpful? LawRato LawRato
Answer #3
727 votes
Provided your parents marriage was registered, your mom can file a suit for divorce on the ground of adultery.if your father has remarried without obtaining divorce,then a case of bigamy can be filed against your father. Your mother can also file maintenance application along with the divorce suit.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."