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Bigamy- legal course of action available

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved 
This person married a women 10 years back and the marriage was duly registered in Maharashtra. However, later wife got to know that the husband is undergoing legal divorce from first wife and the matter is still pending. Although stayed together initially, both have been staying seprately for 5 years now and waited for case to get over. Recently the woman got to know that the husband has got divorce from first wife and has secretly married another women and got the marraige registered in Temple. What is the legal course of action available to this woman?
adv. rajeev ( rajoo ) (Expert) 18 December 2010
She is entittle to claim the maintenance only. Her marriage is itself void when the first marriage was not dissolved
s.subramanian (Expert) 18 December 2010
She is not entitled even to maintenance since the marriage is void ab initio.
PALNITKAR V.V. (Expert) 18 December 2010
Prosecute the person for cheating. Secondly, you may initiate action under the provisions of domestic violence act.
Advocate. Arunagiri (Expert) 18 December 2010
I agree with Mr.SS. And follow the steps suggested by Mr.Palnitkar.
Kirti Kar Tripathi (Expert) 18 December 2010
The case will also come within the ambit of Section 376 in case, the lady can prove physical relationship on the ground that the consent obtained by fraud.
Querist : Anonymous (Querist) 18 December 2010
What are the provisions for punishments under (a) Cheating (b) provision of Domestic violence and (c) Section 376?
Arun Kumar Bhagat (Expert) 26 December 2010
Only 420 IPC. DV Act will not lie. 376 will not lie.


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