Notice to wife for preventing her second marriage without divorce from fam court
2 years ago
Wife is doctor who is residing separately alongwith two kids from husband since March 2020. Wife filed petition in family court for custody of both children in June 2020. Thereafter, officer husband filed divorce petition against wife in family court in August 2020 on cruelty ground.
Now, Wife verbally told husband that she will never come back to reside with husband & she is planning to do second marriage without divorce even though divorce petition is pending before family court.
My question is whether husband can send legal notice to wife for preventing her from doing second marriage without divorce & to her employer govt hospital & what to mention in notice.
Please explain in detail regarding legality of this notice .
A.Dear Sir,
Yes, you can get issue a legal notice preventing her from taking any steps for going for second marriage which is an offence under Section 494 of IPC and a copy may be marked to her HOD and in the meanwhile file a suit for permanent injunction restraining her from marrying during the subsistence of first marriage.
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Section 494 in The Indian Penal Code
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.
The husband can send the notice but however, please note that the marriage done with taking a divorce is void ab initio, meaning it is not valid from the start. She will also be committing the offence of bigamy so you can complain about this in the police station and intimate about this in the legal notice.
Thank you
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