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Asha   08 November 2021

1st wife file petition for null/void of husband 2nd marriage

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.



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 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 November 2021

Under the marriage laws in India, Bigamy is said to be an offence if the first husband or wife is still alive. In a case, where the husband or the wife is alive then, the second marriage contracted by a person is not legal and does not hold any validity in the eyes of law, i.e, it is termed to be a void marriage. Second wife do not have any legal rights on husbands property. 

Asha   08 November 2021

Thanks for the reply sir. Request you to help with the query, whether 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 ?
 

Arpit Tumbaria (Advocate at Uttarakhand High Court.)     08 November 2021

Bigamay itself considered as crime under indian penal code u/s 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 descripttion for a term which may extend to seven years, and shall also be liable to fine.  So as in your case both the wives are entiled to file Bigamy against the husband and if the court decleres second marriage as null & void then also the bigamy case will remain the same.

Asha   08 November 2021

Thanks for the reply Arpit sir. Request you to help with the query, whether 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 ?

Kevin Moses Paul   09 November 2021

1.) If a spouse suppressed his or her first marriage which is still subsisting at the time of second marriage, then the aggrieved party can file a application to declare null and void within a period of one year when such fraud came to known to him or her.

2.) Bigamy is an offence provided first husband or wife is alive. However, the offence of Bigamy will not be applicable on a person if the following circumstances are present:-
(a) the first husband or wife is dead, or
(b) the first marriage has been declared void by the Court of competent jurisdiction, or
(c) the first marriage has been dissolved by divorce, or
(d) the first spouse has been absent or not heard of continually for a space of seven years.
[NOTE:- The party marrying must inform the person with whom he or she marries of this fact.]

Since, none of them is the case as per the matter explained by you, the offence of Bigamy will be applicable.


Hope It Helps!

Regards,
Kevin M. Paul

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