1st wife entitled to file petition for null/void of husband 2nd marriage
2 years ago
Husband has married 2nd time (as per hindu customs and also registered legally in register office) by cheating that he was divorced from 1st wife. Bigamy case been registered in the criminal court after police investigation. 1) 1st wife entitled to file a petition for declaring her husband's 2nd marriage as null and void ? Who are eligible parties for filing petition of null void of the 2nd marriage of the husband ? 2) After 2nd wife complained of cheating and bigamy, Bigamy case is charged and filed in the criminal court by police after investigation. It is under summons stage to the husband. If family court declares the 2nd marriage as null and void before the Criminal Bigamy proceedings, will the bigmay section will be still applicable or not ? 2nd wife is worried that, if 2nd marriage is declared as null and void, bigamy will be automatically ruled out and will not be punishable. Please guide. 2nd wife wants legally unbind with husband and wants to declare her marriage as null and void, but afraid if that marriage is declared as null and void in family court before proceedings of bigamy, whether she will loose bigamy case. Please guide.
A.Dear Sir,
Yes, she can file a divorce case to nullify the second marriage.
You can file a case asking for punishment of bigamy and the case become more easy as bigamy is proved in previous case. You will not lose any way and the man will get punishment for cheating with 2nd wife.
Thank You.