Divorce Advice Divorce Advice

3 years ago

We got married under Special Marriage Act as my husband is Hindu and I am Hindu. Later we got separated but didn't filed divorce. My husband got married again with a Muslim girl and that girl was not aware about my husband 1st marriage but didn't knew about not giving divorce. Does my husband 2nd marriage is valid?

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.He is liable for the offense os bigamy.
========================================
Penal Code, 1860
Section 494. Marrying again during lifetime of husband or wife. — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Hindu Marriage Act, 1955
Section 17. Punishment of bigamy.—Any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.
Classification of Offence
The offence of Bigamy is non-cognizable (except in State of Andhra Pradesh). Also, the offence is bailable (except in the State of Andhra Pradesh).
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Achintya Kr Mandal

Responded 3 years ago

A.Your Name suggests you are a Muslim. Pls. let me know
Did you change your Religion before or after marriage ?
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 3 years ago

A.It is void marriage. You can file complaint against them immediately
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPlease provide legal advice on below
Dear Client, Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelt...
question iconDivorce case
Dear Client, As per Order 5, Rule 20(1) of the Civil Procedure Code (CPC), where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of...
question iconDivorce - husband is filing a petition of divorce
Dear client, you can take up this issue further by filing a complaint on your in-laws for mental harassement and torture. He can get divorce on the said ground if there no proper justification on your...
question iconDivorce - my wife has been living separately
Dear client, if you want to be with your wife you can file a petition for restitution of conjugal rights or for judicial seperation if you want to live seperately as wife and husband. If you want divo...
question iconHusband being mentally physically and emotionally harassed
Dear client, the husband has to file a complaint under sec 506 of ipc for criminal intimidation and harassing. He can also file a divorce under sec 13 of hindu marriage act on grounds of harassement a...