How to save my sister legally

Its an offence of Bigamy hence send a legal notice and file a Bigamy case.and Cheating case as well.

The marriage of your sister is null and void if the person was already married and has living wife and children out of the marriage. You need to get proof of the first marriage of that person and move petition for nullity of marriage in the Family Court on this ground itself. The decree of nullity is only sloution for the null and void marriage not decree of divorce which can be sought for dissolution of the valid marriage only

Originally posted by : ganesh
	Hello all, My sister 28 years old married a guy and got it registered two years ago. We had no options but to leave her with him. Now it comes to know that the guy is already having a wife and two kids. But they didn't register their marriage. After knowing the truth, what are the options my sister have? Is it necessary to get divorce because they have registered? What proof my sister needs to give to the court about the guy's first marriage? She wanted to legally separated and don't want him to create any issues in the future too.

Legally nothing much can be done but simply file cases and roam to court.

Mistakes do happen.  That’s why they are called mistakes.  Your sister is nothing but a concubine of this man.  She can file a case against the man saying that he hid his marriage and done marriage with your sister.  But that wont stand in court of law.  She should have properly enquired through all means and its not that she is orphan, you guys were there to do enquiry about the man’s history.  Nobody bothered to check the mans history and now want to put the blame on man?  As the marriage is not registered he will simply state that no marriage happened.  Proving the  marriage will be very insulting in court.  All sorts of questions your sister will have to face.

Instead of all that.

Simply bring her back home and forget what happened as  bad dream and marry her off to some person immediately.  Now it is wise not to hide fact and marry her to someone who would wants to marry her.

Legally following cases she can file on the man:

If we go by the language and the intention of the framers of this legislation – the provision of section 496 talks about punishing the male rather than the female. Section 496 – Marriage ceremony fraudulently gone through without lawful marriage. It says, “Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, and shall also be liable to fine”.

The key characteristic of section 496 is that the accused husband should have kept the wife in a make belief that the marriage that took place between them is lawful and they are a legally wed couple, which unfortunately is the opposite of the reality. However, in all this drama (made up by the husband) the man should be fully aware of the real facts and circumstances and pursue them with a dishonest or fraudulent intention to cheat the woman he is marrying with.

Under section 496, the court takes cognizance on the complaint being filed with the magistrate i.e. directly in the court of law and does not take cognizance on the basis of an F.I.R. filed with the police station – explained in the case of Baljeet Kaur alias Kulvinder Kaur Vs. State of Haryana.

At the most as she is concubine she can claim maintenance and rent from husband under PWDVA 2005

3. Definition of domestic violence

(iv) “economic abuse” includes­—

1. deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance

20. Monetary reliefs.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

But first to get maintenance from this man she has to prove that she is a concubine.

One case under Section 406 in The Indian Penal Code

406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either descriptttion for a term which may extend to three years, or with fine, or with both.

Can be filed.

No need to take divorce as marriage to this man is joke marriage and is void ab initio.

But proving is the first hurdle.  Then comes magistrate taking cognizance.  That is second hurdle.

Girls should be looked after, if you let them loose this is what will happen to them.

If you did not understand anything you can revert back.

So, sir, your sister's marriage with that guy is null and void as that guy is already married. it is being provided under section 5(i) of Hindu marriage act, 1955

so your sister can file a petition u/s 5(i) in a competent court for nullifying that marriage.

you just need to ask your sister to collect proofs in regards to that prior marriage of your sister husband

proofs which may help, are the followings:

1. photographs of a previous marriage,

2. marriage card

3. ask your sister to go to a school where his children are studying (so that she can ask for their identity cards as there must be a father's name column

Thanks,

Regards,

Adv. Aman Chawla

Originally posted by : Aman chawla
	So, sir, your sister's marriage with that guy is null and void as that guy is already married. it is being provided under section 5(i) of Hindu marriage act, 1955 so your sister can file a petition u/s 5(i) in a competent court for nullifying that marriage. you just need to ask your sister to collect proofs in regards to that prior marriage of your sister husband proofs which may help, are the followings: 1. photographs of a previous marriage, 2. marriage card 3. ask your sister to go to a school where his children are studying (so that she can ask for their identity cards as there must be a father's name column   Thanks, Regards, Adv. Aman Chawla

I can give 100 ideas how to screw the wife no. 1's ilfe, but have you thought what will be consequences? Man has commited crime but for that why should one woman spoil another womans life? Your advice is wrong and if followed will be detrmental to lives of many people.  Please think and reply while replying in family section.

As Mr Helping Hand suggested, you find suitable boy and marry her off somewhere.  Why you want to feed advocates, instead feed your sister with good thoughts and find new boy for her and marry her off.  Court cases mein kuch nahi rakha.

first, i admit i am not a professional. 

But, if you want proof to approach court, as you are saying that man has 2 children , you can say so in that court. If possible from the school where the children are studying obtain records of those children - in which father's name will invariably be mentioned.

 first you decide what you are expecting from that MAN  i.e conbtinue relationship or monetary demands - at what cost without conveying to the world the character lost by you.