Bigamous marriage

Kavyaji, the status of first wife is unchaged. The rights accured by her marriage will subsists.

Law itself is clear that during subsisting of first marriage, the second marrige is void. Yes the first wife can file suit for nullity of second marrige.

But why she should do so, dont blow fist in air. Law will take its own course.

I agree with Ld.Rafique, since the second marriage is void ab initio (non est in the eyes of law) no nullity is required to be brought, however if she still wants to she can file a suit for declaration. 

Bharat Chugh - Advocate Supreme Court of India

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Respected Sir / Madam

My sister married in 2000 as per Muslim Law after 3 months in laws started torture for more money. After one year she given birth for girl keeping so many reasons he left her in her parent house. After that they kept 498 A case on him in 2005. The same person did second marriage in Karnataka in 2010. He is Government Teacher in Andhra Pradesh, We have second marriage certificate and other documents. Please advice me in this regard. How to proceed further in this case?

Please mail me nawaz119@gmail.com  

Nawaz

,Muslim personal is different from Hindu personal law..hence above remedies are not available for your sister..as a muslim man can marry four times.But for govt employees of certain states have to follow some rules irrespective of their religion(I read this in this forum)..so wait till experts reply here!

Respected Sir / Madam  

I need your valuable advices and suggestions in this case. My sister married in 2000 as per Muslim Law after 3 months in laws started torture for more money. After one year she gave birth for girl. Keeping so many reasons he left her in her parent house. After that she kept 498 A case on him in 2005. The same person did second marriage in Karnataka in 2010. He is Government Teacher in Andhra Pradesh, We have second marriage certificate and other documents. Please advice me in this regard. How to proceed further in this case?

I am hoping positive respond from your end in this regard

Please mail me nawaz119@gmail.com       

:(

@ Nawaz,

There are some missing elements in S. 498a IPC case that you say your sister filed in the year 2005 as today is almost end of year 2012 and 2 years ago he married second time as per Muslim laws. If the case is running without any Order on acquittal or conviction then he can even approach State HC for its quash!

First find out current status of year 2005 complaint case and for present emerging situation the remedy is still under S. 498a IPC unfortunately (as this time conviction reasoning gets proved) and she can request same Court to allow adding continuation of offence (i.e. the 2010 second marriage without consent of first wife is mental cruelties) hence no need to file fresh Complaint case instead diligently peruse the old pending one. Also she can seek remedies under civil laws too.

I see my two ld. brothers have replied quite illustratively to @ Kavya hence nothing more to value add except her thread got hijacked by @ Nawaz J

Your status remain unchanged...but if you file for divorce not nullity.....you can claim maintenance, shelter and he will be free for his wife for his lifetime...you decide what you want///  there isno question of cancelling his marrige... as it is void ab initio

Respected Sir / Madam

My sister married in 2000 as per Muslim Law

She kept 498 A case on him in 2005.

The same person did second marriage in Karnataka in 2010. He is Government Teacher in Andhra Pradesh, Being government servet he may eligible for second marrige .if not what legal action would be taken against him, what furthur action would be taken ? i consulted few lawers as per them in muslium law he is eligible for second and third? Still I am not clear about this please if you have any suggestion please advice us

thanking

Please mail me nawaz119@gmail.com 

I have few Questions please clarify

As per Muslim Personal Law

1.      When 498 A case is pending he/she eligible for second marriage?

2.      He is eligible for second marriage being a Government Servant?

3.      As Per Muslim Law with out First Wife Consent, He may eligible for Second Marriage?

4.      At present what legal action is correct against him?