Looteri Dulhan

Dear Client,
The Hindu Marriage Act, 1955, states that both parties should not have a living spouse at the time of the second marriage. The act specifies that neither party should be legally married, and both parties must end their previous marriage to remarry, failing which spouse shall face criminal prosecution for bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts a punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on the crime severity. Even, in case your wife married you during the subsistence of her first marriage, then such marriage shall be considered void as per the condition prescribed under Sec.5(1) of the Hindu Marriage Act,1955. Further, Section 12 of the HMA, 1955, deals with voidable marriages and provides a remedy for parties who are in a void or voidable marriage. A marriage will be deemed voidable if consent is obtained by force or fraud. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent. The consent of the guardian in the marriage of the petitioner obtained by force or by fraud will also be grounds for a voidable marriage within the purview of Section 12(1)(c) of the Hindu Marriage Act, 1955. Under the Hindu Marriage Act (HMA), Special Marriage Act (SMA), and Islamic law, concealing significant facts before marriage can lead to a marriage being considered voidable, meaning the deceived party can seek to annul the marriage, as concealment is considered a breach of trust and can significantly impact the informed consent needed for a valid marriage; this could include hiding information about prior marriages, health issues, financial status, or children. The deceived spouse must prove that the concealed information was material and that they would not have consented to the marriage had they known about it. Given the settled position of governing laws, you can file a petition under Section 12(1)(c) of the Hindu Marriage Act, 1955, before the Family Court seeking a decree annuling a void or voidable marriage or you can file a criminal suit against your wife for bigamy. Hence, it is recommended to consult with a lawyer specialising in matrimonial cases for tailored advice and steps to navigate the issues legally and effectively.