Legal action against second marriage without the consent of first wife

643 votes

Entering into a marriage during the lifetime of the husband/wife is punishable with imprisonment of upto 7 years and fine as contemplated by Section 494 of the Indian Penal Code. The 1st Wife can present a Private Complaint before the Jurisdictional Magistrate under Section 200 of the Code of Criminal Procedure and in the event of her living separately, she is also entitled to maintenance (Section 125 of the Code of Criminal Procedure). The option of claiming divorce is also available if the case also involves adultery and cruelty as per Section 13 of the Hindu Marriage Act. (Assuming that the parties are Hindus by religion).

Advocate BK Arun LawRato

732 votes

In law the marriages is only once and it cannot be dissolved until and unless the court issues divorce, In law their is only one marriage and the husband cannot enter into second marriage during the life time of wife or wife cannot enter in to another marriages during the life time of husband. The law does not permit for second marriage in case wife is forced to agree . It is illegal and the second wife is not given a status of wife she is only concubine. The marriage is illegal.

Advocate K.P. Sumangala LawRato