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Legal remedy If Husband File A Case To Nullify The Marriage


05-Jan-2023 (In Family Law)
A Hindu girl of my relative got second marriage without taking divorce from court from first marriage.husband got second marriage without taking divorce from court from first marriage means both got married second time without taking divorce from court from first marriage .now second husband has filed a case to nullify the marriage then a wife what can do? Can wife file a Case of rape against husband?
Answers (3)

Answer #1
980 votes
Sir, 1. Wife cannot file case w.r.t. rape against husband since she has herself committed offence of bigamy. 2. If husband has filed case to nullify the marriage, he could succeed since it comes under the scope of fraud under hindu marriage act as committed by wife.
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Advocate Parminder Singh Rai

Adv. Parminder Singh Rai

LawRato Mohali | 25+ Answers
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Answer #2
532 votes
Hiiii, At the time of marriage ceremony of marriage performed or not and any video exist or not, and are they live after marriage as husband if all facts r present then then no cass of rape exist...
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Advocate Ashwani Kumar

Adv. Ashwani Kumar

LawRatoMansa | 50+ Answers
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Answer #3
576 votes
Practically second marriage is void but still she can claim maintainance from husband becouz both are living as husband wife.... filling a case of rape although there is no rape it will be harmful for wife...
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Advocate Jagandeep Singh

Adv. Jagandeep Singh

LawRatoAmritsar | 50+ Answers
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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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