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What to do if my sisters husband was already married


22-Jun-2023 (In Family Law)
My sister cheated by her husband. My sister's husband already have wife and a kid in live in relationship. And we dont know this issue and and still he married with my sister. My sister have a child. Please help me. What can i do. What my sister rights and case against my sister's husband. How can police arrest him. Please please help me. I am in big trouble. Thank you
Answers (2)

Answer #1
647 votes
If your sister's husband has duly married to the first wife then only your sister can file a criminal case before magistrate under s. 495 IPC. Don't go to Police because it is a non-cognizable offence. If the first wife is not legally married to your sister's husband and only lived with him in live in relationship then the bigamy case is not made out. But In either case your sister can take divorce from her husband.
Answer #2
629 votes
Your sister can file a complaint against him to the the Police under section 495 of the IPC. If convicted, he may get punishment of imprisonment upto 10 years.

According to recent decisions by High Courts and the Supreme Court, second wife and the child born out of second marriage, can also get maintenance. So, your sister can claim maintenance for her and her child, under section 125 CrPC, as he concealed the fact of his first marriage with her.

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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