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DO (NIL)     19 March 2013


A couple has been married for 35 years and have 2 children. The husband has gotten married to a young girl who is aware of his marriage as well as children etc.. How should the first wife handle this situation and get her husband out of this. How can the wife make sure the husband & the girl dont meet! SHe doesnt want to divorce the husband. 


 7 Replies

Tajobsindia (Senior Partner )     19 March 2013

1. As per prevalent Bigamy Law seeking advice for a softer option is simply not possible because application of law in such brief is meant for punishment if strict proof of such bigamous marriage put before a competent Court which only results into divorce unless the guilty last minute got ditched by younger competitor.

Through softer application of a peculiar Criminal law section it is possible to get 'injunction' on meeting of them but then Court cannot direct a Court Commissioner to watch on such amorous / alluring meetings 24x7 = 365 days !

3. However through superwoman efforts it is possible if divorce is not in mind of the central character of the brief.


The lady in brief should posses extra ordinary wealth to move cities along with great change in her personality / appearance to kindle their died flame afresh.

Caveat here is that afterall it is to be noted that it is 35 years old marriage where competition says the classiest and smartest among the two competitors makes matrimonial table turn at the end. 

If my addendum opinion to be considered herein, then it is better to seek financial protection of once sunset years and same protection for the two (major?) children and just walk away from all these as human mind especially of weaker s*x never accepts softer advice due to lack of patience, afterall it is for no reason application of approaching law always makes once decision option for adversial law instead of softer social approach so pick one which suits the lady survive socially in long run.

1 Like

rajiv_lodha (zz)     19 March 2013

very strange to think that husband cheats at this ripe age, 35 ysrs after marriage. Wud it have been matrimonial peace, no such person wanders away to somebody else. Anyhow, without touching the reasons behind, see what law says:

* R u sure that they have married. Any proof? Living 2gather is not covered under MARRIAGE

If you have prove, put 494IPC (bigamy) case, he wil be punished as per law

* If the 2nd girl is unmarried b4, is >18yrs old & living with consent with the husband, u cant do much

* At the most u may put Adultry charges upon husband, but remember:

a) Ur marriage wont survive if u put any police case or legal petition

b) Finding adultry proofs are next to impossible

c) Civil remedy for adultry lies in SEEKING DIVORCE ONLY...which u dont want

d) Criminal case of adultry wil be filed against ur husband only, not on that girl. If the couple is somewhat cautious, u can nail the husband either, this way.

* No law can prevent him from meeting this girl or living with this girl. No law forces him t live wid u.

Now what is better solution-------

1) reach the root of the problem, why is he interested in leaving the household. If possible address this real issue.

2) talk ur heart out with the husband n find way out

3) involve elders who can reach at some way out

4) secure ur own & children's financial needs & let him go where he wants. Unilateral wish to cohabit does not bear fruit.

1 Like

Ranee....... (NA)     19 March 2013


Originally posted by : rajiv_lodha

very strange to think that husband cheats at this ripe age, 35 ysrs after marriage. Wud it have been matrimonial peace, no such person wanders away to somebody else.

ha ha ...aam aur pyar ka koi umar nehi hota!




He must be a very rich man!

Shantanu Wavhal (Worker)     19 March 2013

1st wife can file bigamy + adultry + crpc 125 + HMA 10 + Sec. 24 + DV so as to teach a lesson to the husband.

if lateron her husband realizes his mistake, and admits to mend his wrongful way, then all the above sections are compoundable and a 35 yrs marriage can be saved from being broken.

(there is no mention of 498a here, which is non compoundable - since the wife does not wish to break the marriage.)


point 1 : first wife can give a police complaint for causing mental cruelty under section 498 (A) and marrying during the life time to the spouse without legal sepearation which is punishable under section 494 for a period of 7 years if proved for both the 2nd wife and husband.

Loding this complaint will prevent the husband from meeting the 2nd wife.

Point 2: She can file petition under domestic violence act before the protection officer or Judicial Magistrate seeking appropriate relief.


Point 3. Restitution of conjugal rights before the court.

Doing the above may help for reunion.

Do reply if you have clarifications.

lota (housewife)     20 March 2013

If a man maintains liv-in relation without divorce from first wife how law punishes him?

Can I file adultary case on him or his mistress?

Msk-need -nuetral- laws (self)     20 March 2013

@ lota, you can on your husband and not his mistress, The law protects them  well as much as you

However considering live-in, if one has solid proofs to show that their realtionship is continous domestic relationship tuning to nature of marriage, ( but very difficult practically), one can try bigamy, but it is the dicretion of judiciary to take this as bigamy or adultery with the nature of proofs submitted to court,

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