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sudheer (Admin )     18 January 2022

Family issues

Hi my friend got married 10years back , they have kid also, due to some issues he and his wife staying separate, but divorce not taken, suddenly new person entered into her life , blackmailed , thretend and married her in aara samaj. No family members knows about this . He is regularly torturing her and taken her money . They just married but family not settled up. Suddenly she approached my friend first husband and told same , she did mistake unknowingly as he thrtened.2nd marriage is legal without first divorse , where to be kept complient , what will be the procedure to sort out ,first  husband ready to accept her. Where to be filed complient  regular police station or she teams, what will be future approach.   

Whom should approach lawer or police , who should file complient  , how to cancel the 2nd marriage ,  what will be the sections for FIR against new husband.

 



Learning

 3 Replies

Megha   18 January 2022

Hi,

As per the Hindu Marriage Act, 1955 (HMA), second marriage without divorcing and during the lifetime of first spouse is called bigamy and renders the secong marriage void.  Bigamy is a punishable offence and also a ground for both judicial separation and divorce.  

But since the first husband has agreed to condone the wife and accept her by restoring her earlier position, the first marriage will be in subsistence.

Since the 2nd marriage is void ab initio and null in the eyes of the law, a question of seeking divorce doesn't arise.

With regards to the extortion of money, your friend's wife can take criminal action against the person for extortion of money and also file a suit for harrassment.  

Best regards,
Megha

Real Soul.... (LEGAL)     19 January 2022

how is it possible that a person dramatically apperas and  force marry in temple; she  might be in a relationship.  Let her taste the fruits  of cheating 

1 Like

Megha   19 January 2022

Hi,

In addition to the points mentioned below, you may also consider obtaining nullity under section 11 of the HMA.  This will completey remove any cause for legal action from the person who forcefully married your friend.   This was help your friend to strengthen her complaint for extortion of money.  

Originally posted by : Megha

Hi,

As per the Hindu Marriage Act, 1955 (HMA), second marriage without divorcing and during the lifetime of first spouse is called bigamy and renders the secong marriage void.  Bigamy is a punishable offence and also a ground for both judicial separation and divorce.  

But since the first husband has agreed to condone the wife and accept her by restoring her earlier position, the first marriage will be in subsistence.Since the 2nd marriage is void ab initio and null in the eyes of the law, a question of seeking divorce doesn't arise.

With regards to the extortion of money, your friend's wife can take criminal action against the person for extortion of money and also file a suit for harrassment.  

Best regards,
Megha

 


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