Rajkumar Sheoran 30 March 2021

can woman do marriage without divorce?

My wife put 498a&crpc125 case on me.These cases have been running since July 2018.No argument have done till now. Now she is living with another person from 10th February 2021. maintenance case has not finalized.Shall I give maintenance to her.Please give me advice what should be done. I shall be very grateful to you for your help.

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3 Replies

sneha jaiswal 30 March 2021

Hello!

Greetings of the day!

As per your query, she can’t claim maintenance because as per Section 125 (4) of the CrPc, no wife is entitled to receive an allowance from her husband if she is living in Adultery.

Also, Woman cannot do remarry without giving divorce during the lifetime of her husband under Section 494 of the IPC.

Hope it helps

Best Regards,

Sneha Jaiswal

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Vishal Sharma 02 April 2021

File a complaint under Sec 494 of IPC with proofs of the 2nd marriage or either you can also file FIR against your 1st wife.
Or you can also file a divorce petition on the ground of Adultery.