Regarding getting married more than one woman at a the same time.
23-May-2023 (In Family Law)
hi, Actually my family(Hindu) came to know that my aunt husband working in railway married with other woman even though they have one girl child. Now my aunt is in trouble could you law people help what should we do?
Dear maam,
As per law, second marriage is void and it is also a criminal offence under IPC. You can file a criminal case for bigamy u/s 494 IPC and simultaneous, file a petition for nullity of marrage before the family court.
As per law, second marriage is void and it is also a criminal offence under IPC. You can file a criminal case for bigamy u/s 494 IPC and simultaneous, file a petition for nullity of marrage before the family court.
You can file maintenance in your concerned family court where you can get maintenance. And for living with husband you have to file restoration of conjugal right case in family court to live with husband.
As per hindu law secound marraige is void. Your aunt have to file case agaimst his husband on various ground on civil court and also in family court .as your aumt husband is a railway employee he have to comsider or je will gave the consequence
From your question it is not clear what do you want, in view of the facts in legal term is called bigamy means marrying during life time of husband or wife, you can seek divorce in this ground and it is an punishable offence also under section 494 of the indian penal code but question arises here is that what remedy do you need, kindly clerify the same
In India, There was no bar in customary Hindu Law to a man entering second marriage. However, the customary law was codified by the enactment of the Hindu Marriage Act in 1956, which declared a second marriage ‘void ‘during the subsistence of the first one.
In India, bigamy is an offence against marriage and it is also criminal offence under Indian Penal laws. The bigamy law applicable to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Indian Penal code 1860, Section 494.
Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction ,nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
In India, bigamy is an offence against marriage and it is also criminal offence under Indian Penal laws. The bigamy law applicable to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Indian Penal code 1860, Section 494.
Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction ,nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
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