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Person remarried without getting divorced. How to proceed legally


07-Jul-2023 (In Family Law)
If a person is married to a woman and had 3 children but without giving divorce to her, he married another woman and have 2 children and is staying with 2nd wife with 25years. What can happen legally now if 1st wife after leaving the spouse house 25years ago lodge any complaint?
Answers (4)

Answer #1
899 votes
yes, she can lodge a complaint either for maintenance or for any cruelty under the Domestic Violence Act. If it is proved that she has been living separately for the last 25 years in that situation she would not get any relief from the coutt.
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Advocate Sanjay Kumar

Adv. Sanjay Kumar

LawRato Patna | 25+ Answers
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Answer #2
512 votes
That person will be made an accused for the offence of bigamy. Time lag in the present case won't not have any seroius repercusion. That person is still liable for the offence. You file a criminal complain against that person.
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Advocate Kumar Karan

Adv. Kumar Karan

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Answer #3
925 votes
The second marriage is void marriage in the eye of law. And husband will be liable for the offence of bigamy. Only relief available for second marriage is that wife and children can claim for maintenance.
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Answer #4
989 votes
Regarding your query you have right to file a maintenance u/s 125 cr.p.c in your family court with your children and you can file a criminal case against your husband for his second illegal marriage in court.
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Advocate Rakesh Kumar Singh

Adv. Rakesh Kumar Singh

LawRatoKatihar | 25+ 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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