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sam munjal (na)     17 September 2014

best answer

if man done second marriage while divorce not granted from first wife in persure of second wife can man file null void marriage


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 1 Replies

Tajobsindia (Senior Partner )     18 September 2014

@  Author,


1. The second marriage in eyes of law is null and void. Does not require nullity by either second wife or by the already married man in question. 

2.  The first wife can claim divorce on knowing her legal husband committing a second marriage in a subsisting marriage as well as file case of bigamy (S. 494 IPC) against him too provided his second marriage details she has and can lead strict evidences.

3. Both the valid marriage ceremonies of the accused person (her husband) has to be proved with sufficient evidence by first wife or her father, any thing short will not get him liable under S. 494 IPC.

4. If the first legal wedded wife wants to get him further punished for this act then it can also be brought under S. 498A I.P.C. according to which he can be held liable for committing mental cruelty towards his wife for which she has to prove that because of this act of his she suffered mental harassment amounting to cruelty.  


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