How to save my marriage???

@ Author,

1.     Bigamy is defined as an offence not only under the criminal law but also under HMA i.e. under S. 17.

2.     Under S. 5 and S. 11 of HMA, 1955, a second marriage with a previous married wife living is null and void.. This option is only available to a second wife, which is not the case in hand here.

3.     Under S. 17, HMA (civil punishment) any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living.

4.     Only the person aggrieved can complain in case of bigamy. If it is the (first) wife who is aggrieved, then her father can also complain other than herself as he is the lineal ascendant of the first wife (you).

5.     However, proof of solemnization of second marriage in accordance with the essential religious rites applicable to parties is absolutely essential and a must for civil divorce proving bigamy and that mere admission on the part of the accused that he had contacted second marriage is not enough and that such admission is not evidence for the purpose of proving marriage in an civil bigamy case. 

6.     Since you say here that you contacted a renowned advocate and filed a case, I assume that complete para 5 proofs you have in your possession / in access and made available to this renowned advocate to make a case out of husband’s bigamous second marriage? If not then it will crash (means dismissed and your litigation fees goes complete waste).

7.     BTW, a question comes up; why does not your husband stand up and annul his second marriage instead of you running pillar to post in your current medical condition?  Today listening to his parents’ wishes he contracted bigamous marriage, tomorrow he can divorce you too listening to his parents forceful wishes, ring bell, now think aloud seeking company of your renowned advocate!

[Last reply]

Well, his second marriage is null and void, ab initio, in the presence of his first marriage with you. The petition filed by you to nullify his second marriage is incorrect. This petition should have been filed by your husband. Kindly pursue your husband to file a petition to nullify his second marriage. Under the Hindu Marriage law, he has committed a crime and if you complaint with the police, he can be punished for the same. If he does so, saying this marriage was done under huge pressure from his parent’s side and without his consent, then he must do so within a year of this second marriage. Wish you all the best.  

I am not willing to charge bigamy case on my husband as he committed this mistake under life threatening situation. His parents and community are very orthodox that is why he was afraid of telling them about our marriage. They knew from the starting that he loves someone and want to marry her. Before marrying me, my husband also asked them for their permission but they denied. Then when they felt that he is not ready to go with their wish they called him in emergency that her mother got a heart attack and forced him to marry. They can go to any extent. There could be life threatening conditions to both of us. Even girls side family did not bother to know about his personal and professional background like where he  working or his place of living. They could easily find out this fact of his already being married. Both family did all this in rush. 

If we think of mutual settlement that girls family won't be agree. They can abduct or kill my husband for this cheating. They have money power as well as political. If my husband opt to file petition for second marriage null & void it will be hard to prove that pressure what he has gone through. In this case he does not seem aggrieved party but he never wanted this second marriage. He is standing by me always and will always be no matter whats going to be happen in future. He loves me and our would be baby very much. If something happen to him I will be in total loss. 

Is there not any way to solve this situation?? I am in very bad frame of mind. Social constraints are looking so big that some time it feel easy to quit life. 

You want to save your marriage, right ?  You are carrying a baby now right ?  You said husband not visiting his parental house, are you sure about it when you are carrying ? Now that if you can take your husband in confidence that he must file a Petition for annulment /s.11 of HMA.   If he does so, he has to prove that it was against his will n that his parentsforced him.   Further, if he is not able to prove that his consent was obtained by black mailing or fraudulently evenby his parents, he is liable for bigamy  Further he might hv to pay heavy compensation/alimony to the second wife.   Even if he proves that consent was absent even then he is liable to pay cmpensation to the other wife.   In fact, if yr husband goes for annulment, his wife will defibitely file pvt complaint u/s.494 of IPC, and God also will not be able to save...  Are you sure that this second wife has no idea about yr existence or that her marriage is not consummated.......if you are working earning n you want yr family life...keep quiet now, else keep on fighting and destroy yr family

1. Any amount of pleading aimimg to shield him from the crime of bigamy committed by him will not yield any fruitful result,

2. Hope, he stays in India and not in Afganisthan where there is no law,

3. He should have lodged police complaint agsint the people who forced him to do the crime,

4. It is not acceptable to Court that any body will be pardoned even after committing bigamy, on the plea that he was forced with life threatening situation,

5. Either file a case of bigamy agsint your husband where he will  submit that he was forced by others to commit the crime and face punishment or stay quite with the other wife of your husband,

6. There is also a high risk that if his 2nd wife comes to know about his first marriage with you which he has not disclosed before them, then she can also file cheating and bigamy cases against your husband praying for severe punishment.

ATTN PLS, am sending my testimony to everyone out there, that is either in my shoe or needs help one way or the other. My names is Henrietta, and i want to share with you all about my relationship breakup back then, which almost lead me to frustration and unhappy life experience. I was married to my ex divorced Husband 2 year and 11 months ago. My husband, I and and our pretty kid was happily living in peace and harmony. But, few months ago my Husband started acting strange to me. Unknown to me, he has been engaging him self online with another woman, which he was keeping from me as a secret. But few weeks ago, i caught him on our computer, mailing this woman. And, when i asked him who she was, he told me that, she was just a friend. The message conversation caught my attention and i decided to go through it. To my surprise, my husband have been dating this woman on my behalf for some period of time. Immediately, after i noticed that, i began to quarrel with him and all he could told me, was that he never loved me, that we should go for a divorce. I thought he was saying it from anger due to the situation at hand as at that moment. Because of the love i had for him, i never wanted to support it, although it happened, i still did not give up on him. I was looking for solution to get him back home. so i went in search on how i can get back my husband. Well, along my search, i saw a testimony of a woman on how Prophet Irabor was able to restore back her marriage home. Immediately, i copied the email address and decided to give a try. After following all the procedures and instructions given to me by Prophet Irabor, within the space of 2 days, my husband gave me a call and started begging me that he was sorry for what has happened between us. And because i love him so much, i quickly responded to him that i have forgiven him and told him to come back home. Me and my husband are now living happy married life again. All respect and honour to you Prophet Irabor, for the Help you have render to me and my family. Sir, i pray God Strengthen you...If you need his help, you can email him on (prophetiraborcharles@hotmail.com)

@Member (Deleted account):  In your case you have approached a wrong person for advocacy who has literally misguided you by filing an application for null and void of your husband's marriage with a third person.  You have no business to file such case and you should know that you are not a party to the marriage and that is not your relief.  As far you are concerned,your husband has committed an offence of bigamy and also cheated you, so your relief will be confined to this subject.  However, you can catch hold of the same advocate to withdraw that case and file a fresh one on behalf of your husband (if he is really innocent and gives his consent for this).  You may bear in mind the last paragraph reply of Mr. TajobsIndia, which is a hint to you about how to secure your married life.  Actually what is the solution you are looking for by posting the above query?