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Wife did 2nd marriage without divorce and have mariage certi

software engineer

Sir,got marriage licence certificate from USA government

What  cases I can file on her 2nd husband


1) was the certificate obtained from USA Govt. got apostilled there?  Without apostilling, it is not valid to be produced in another country.  

2) they appear to have married in USA and might be living there only.  Though theoritically a complaint can be filed u/s. 494IPC, in India there is no use in doing so as they are living in USA.  Even if they are in India, only if you can shell down vitamin 'M' to police does your complaint move forward. And when the matter reaches the court, it takes infinite number of years in Indian courts unless you are a TATA, Birla etc.

I have seen a case where the first husband took the police to the wife's house where she was living with another person, had a child through the second person, the husband produced all medical records of the child birth, proof of payment made to hospital for the delivery by second person by his credit card.  Police filed charge sheet into court.  It is three years and still the case is at a standstill position.  The first person filed the case details in the Family Court and sought divorce.  Family court said "wait for the outcome of the charge sheet against her"!

3) best course suggested is to apply for divorce u/s. 13(1)(ib) of Hindu Marriage Act, 1955 attaching the apostilled marriage certificate.  This divorce case also takes a long time unless u are able to manage.


Mr Rao.. please advise correctly... As long as document is authentic original...no Court can invalid that document....sinces it's India....too much struggle but no results.... Last option he should try 1st.... Go to media just like Chand deep Kaur....



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